HomeMy WebLinkAbout2004-11-08 05-14 ORDERItem No. 05-14
Date: 11-08-04
Itern/Subject Order, Authorizing the City Manager to Execute an Investigatory Scope
of Work for Bangor International Airport
Responsible Department: Legal
By Council Order 04-118 adopted on April 12, 2004, the City Council authorized the City Manger
to enter into a Consent Agreement and Final Ober for In the Flatter of the CIty ofBangpr, Maine,
ROM 01-2003-0042/CWA-01-2004-0055/RCRA-01-2004-0098, with the United States
Environmental Protection Agency. Since then, the Cry has continued negotiating with EPA
regarding BIA's fuel facilities. This Order would authonze the Cry Manger to execute a negotiated
scope of work to investigate possible fuel contamination associated wth the aviation fuel facility
and pipeline distribution system. -
Department Head
Manager's Comments:
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LYty Manager
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CITY OF BANGOR
(IIRE.) ORDER, Authorizing the City Manager to Execute an Investigatory Scope of
Work for Bangor International Airport
By Me dty Cow of Me Oxy ofeargm:
ORDERED, THAT
The City Manager is hereby authorized to execute a Scope of Work for
environmental investigation at the Bangor International Airport as an addendum to a
Consent Agreement and Final Order for In the Matter of the City of Bangor, Maine,
RCRA-01-2003-0042/CWA-01-2004-0OSS/RCRA-01-2004-0098, with the United States
Environmental Protection Agency. The City Solicitor or Assistant City Solicitor shall
approve the Scope of Work's final form.
I9 CITY C CIL
Wowen er 0, 2006
Hation Made and Seconded
for Passage
Pas
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(mLE,) Authoriafne the city Mesmer
to ftecute an Investigatory Scope of
Work for Bangor International Airport
Msignee W Councilor
TABLE OF CONTENTS _
In re: The City of Bangor, ME Consent Agreement and Final Order
I. PRELIMINARY STATEMENT ..:..............................
2
II. TERMS OF SETTLEMENT ...................................
6
Civil Penalty ..............................................
6
Additional Settlement Provisions ...............................
7
Supplemental Environment Proed ..............................
S
RCRA Order: AFF Training .....................2....
I....... 13
lnveatioidm.............. .............................
14
Access..................................................
19
Stipulated Penalties ... .......... ............ .....
...... :... 22
Interest. Fees. and Penalties .................................
26
Adddional Provisions.-..' ....................................
26
Force Me sure ... .......... ........... ......... ...........
27
Effed of Settlement Reservafon.of Rioln ......................
29
Indemnification of the lJnited States ............................
30
-Sevembilitv............... ..... _.._,. _................
30
Incorporation and Enforceability of Documents ...................
31
Signatures ...............................................
31
I11. FINAL ORDER ............................................. 33
_i_
4"O"%, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
p ,.A/ L
REGION 1 a
1 CONGRESS STREET, SUITE 1100
BOSTON, WSSACHUSEITS 021142023
IrnmE
40 kd6V'Z W�
CERTIFIED MAIL- )
RETURN RECEIPT REQUESTED 0o' P"9PdkA'dEU3Sl�`C
19 November 2003
Edward A. Barrett, City Manager
City of Bangor
73 Harlow Street
Bangor, ME 04401
Re: In the matter of. The City of Banaor. ME: EPA Docket No. RCRA-
0042/CWA-01-2004-0055/RCRA-01-2004-0098
Dear Mr: Barred:
I enclose a copy of the Consent Agreement and Final Order that has been signed by
the Regional Judicial Officer(the,RJO' and entered in this action. Please note that
the full penalty payment of fifty-nine thousand, five hundred and sixty-eight dollars
($59,588), is due within 40 days from the date of the signature of the Final Order.
Thank you for your Cooperation and willingness to resolve this matter and to move
forward to address environmental compliance at the City's facilities,
Sincerely,
David Peterson
Sr. Erdorcement Counsel
cc: Richard Piligian, EPA
Douglas Koopman, EPA
Ray Cody, EPA -
ScottWhidier,MeDEP -
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05-14
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
NEW ENGLAND REGION
BEFORE THE ADMINISTRATOR
In the Matter of )
)
)
CITY OF BANGOR )
73 Harlow Street ) CONSENT AGREEMENT
Bangor,Maine, 04401 ). AND FINAL ORDER
)
EPA ID Nos. MEROW500629 )
MER000500637 )
MER000500645 )
MER000501379 - )
Proceeding under Sections ) EPA DOCKET -00
Conserv and 3013 of the Resource ) RCRA-01-2003-0042
Conservation and Recovery. ) CW 04-0055
Act, 42 U.S.C. §§ 6928(a) and 6834 ) RCRA-01-2A-01-2004-0098
and Section 309(8) of the Federal Water ) _
Water U.S.C, 13 Cont9(g) Act, )
42 .C. §9319(9) .)
CONSENT AGREEMENT AND FINAL ORDER
The United States Environmental Protection Agency ("EPA°or"Complainant'),
.having filed a civil administrative Complaint, Compliance Order, Notice of Opportunity
for Hearing, and Notice for Opportunity to Confer ("Complaint) on September 30, 2003,
- and an Amended Complaint, Compliance Order, Notice of Opportunity for Hearing, and.
Notice for Opportunity to Confer ('Amended Complaint) having been deemed filed on
June 1, 2004, against Respondent, the City of Bangor, Maine, in accordance with 40
C.F.R. §§ 22.13 and 22.14; and,
Complainant and Respohdem having agreed that settlement of this matter is in
the public interest, and that entry of this Consent Agreement and Final Order CCAFO")
without further litigation is the most appropriate means of settling this matter;
NOW THEREFORE, before the taking of any testimony, without any adjudication
of issues of law or fact herein, and upon consent and agreement of the Pasties, it is
hereby Ordered and Adjudged as follows:
I. PRELIMINARY STATEMENT
1. EPA is pursuing this proceeding for the assessment of a, civil penalty
pursuant to Sections 3008(a) and (g) of the Resource Conservation and Recovery Act
(-RCRA'). 42 U.S.C. § 6928(a) and (9), and Section 309(8) of the Federal Water
Pollution Control Act ("Clean Water Act" or "CWA-), 33 U.S.C. § 1319(g).
2, The Complainant alleged in its Amended Complaint that Respondent:
(a) treated hazardous waste on-site at four separate locations without a license, in
violation of Section 3005(a) of RCRA and Chapter 856, § 4A of the State of Maine
Hazardous Waste Managemept Rules ("the Maine Rules"), and treated hazardous
waste by evaporation, in violation of Chapter 854, § 5B of the Maine Rules; (b) failed to
submit notifications of hazardous waste activities and failed to have Identification
Numbers for Respondent's Department of Public Works (°DPW") and Bangor
International Airport ("BIA") facilities, in violation of Section 3010 of RCRA and Chapter
851, § 6A of the Maine Rules; (c) failed to provide adequate hazardous waste
management training to all employees with hazardous waste management
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responsibilities at the DPW, Aviation Fuel Farm ('AFF), and BIA facilities, in violation of
Chapter 851, § 8B(5) of the Maine Rules, which incorporates by reference the
requirements of 40 C.F.R. § 264.16; (d) failed to maintain facifty training plans at its
DPW, AFF, and BIA facilities, in violation of Chapter 851, § 8B(5) of the Maine Rules,
which incorporates by reference the requirements of 40 C.F.R. § 264.16; (e) failed to
have contingency plans for the DPW, AFF, and BIA facilities meeting the requirements
of 40 C.F.R. § 264.52, in violation of Chapter 851, § 8B(5) of the Maine Rules; (f) failed
to conduct hazard waste determinations at its Motor Pool ("MP'), DPW, AFF, and BIA
facilities, in violation of Chapter 851, § 5. of the Maine Rules and 40 C.F.R. § 268.7(a);
(g) failed to properly operate its facilities in a manner that would prevent potential
releases of hazardous waste at the MP and the BIA facilities, as required by 40 C.F.R.
§ 264.31, in violation of Chapter 851, § 8B(5) of the Maine Rules; and (h) discharged
untested waste water containing pollutants, as defined in Sections 502(6) and (12) of
the CWA, 33 U.S.C. §§ 1362(6) and (12), from the MP building to Birch Stream, a water
of the United States within the meaning of 40 C.F.R. § 122.2 and, hence, navigable
waters under Section 502(7) of the CWA, 33 USC. § 1362(7), without a National
Pollutant Discharge Elimination. System ("NPDES') permit, in violation of Section 301(a)
of the CWA, 33 U.S.C.§1311.
3. As part of its Complaint, Complainant also Ordered CRCRA Order)
Respondent to: (a) immediately cease hearing hazardous waste on-site without a
license, in accordance with Section 3005 of RCRA and Chapter 856, § 4A of the Maine
Rules, and immediately cease treating hazardous waste by evaporation, in accordance
with Chapter 854, § 5B of the Maine Rules; (b) within sixty (60) days provide hazardous
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waste management training to all employees at the DPW, BIA, and AFF facilities with
hazardous waste management responsibilities, in accordance with Chapter 851,
§ 88(5) of the Maine Rules, which incorporates by reference the requirements of 40
C.F.R. § 264.16; (c) within thirty (30) days develop facility personnel training plans for
the DPW, BIA, and AFF facilities meeting the requirements of Chapter 851, § 88(5) of
the Maine Rules, which incorporates by reference the requirements of 40 C.F.R.
§ 264.16; (d) within thirty (30) days prepare and maintain a complete hazardous waste
contingency plan for the DPW, BIA, and AFF facilities, in accordance with Chapter 851,
§ 8B(5) of the Maine Rules, which incorporates by reference 40 C.F.R. §§ 264.51 and
264.52; (e) within thirty (30) days determine whether wastes at its facilities are
hazardous, in accordance with Chapter 851, § 5 of the Maine Rules and 40 C.F.R.
§§ 262.11 and 268.7(a); (f) within thirty-five (35) days have all hazardous wastes
identified at all of Respondent's facilities properly labeled dated, inspected and
managed, in accordance with federal and state standards, including: Chapter 851, -
§§ BB(2), 8B(3), 813(4), 8B(5), 13C(7)(b), and 13D of the Maine Rules; (g) immediately
manage its facilities in a manner that minimizes the potential for a release of hazardous
wastes, in accordance with Chapter 851, § BB(5) of the Maine Rules, which
incorporates by reference 40 C.F.R. § 264.31; and (h) within sixty-five (65) days submit
to Complainant written confirmation of its compliance (accompanied by a copy of any
appropriate supporting documentation) or noncompliance with the requirements set
forth in the RCRA Order.
4, On December 9, 2003, Respondent filed an Answer and requested a
hearing on the Complain, pursuant to 40 C.F.R.§22.15. Following the deemed filing
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of the Amended Complaint on June 1, 2004, and due to ongoing settlement
discussions, on June 24, 2004, August 2, 2004, and November 9, 2004, Respondent
was granted Mations to extend the period for fling an Answer to EPA's Amended
Complaint, pursuaritto 40C.F.R.§22.14(c). That Answer is now due on November 29,
2004.
5. Respondent submitted to the Complainant written confirmation of its
compliance with the RCRA Order within the required time period. However,
Respondent identified a number of issues that potentially affected the regulatory status
of the Al and deferred action on those aspects of the RCRA Order that addressed a
number of the RCRA Order's requirements for the AFF facility, pending resolution of the
outstanding issues with EPA. The regulatory status and compliance requirements for
the AFF are further addressed under Paragraphs 20 - 24 of this CAFO.
5. As part of recent discoveries and investigations by Respondent in
response to issues raised during settlement of this case, a shallow plume of petroleum
(Jet A ful contaminated groundwater was idenfi ietl at the AFF, with other release
points identified along a pipeline that runs between the AFF and the BIA terminal area.
See maps generally showing Respondent's AFF, SIA, DPW, and MP facilities
(Attachments A-1 and A-2). Because efforts to address this recent discovery are so -
closely related to other compliance efforts addressed under this CAFO, Respondent
agrees to initiate investigation of the Jet A fuel contaminated groundwater in order to
determine whether the release of such fuel or other hazardous waste by the
For purposes mule WOW A leer shall mean any season Mel handled or spored acme P£F
by Responded or mnsimmed vis Na MA Mel pipeline maninnien syspam for and from Me AFF by ResppnEanL
5
Respondent may present a substantial threat to human health or the environment, in
accordance with Section 3013 of RCRA, 42 U.S.C. § 6934 (the °Investigation").
Respondent admits to the jurisdiction of EPA to require the actions agreed to herein
under the authority of Section 3013 of RCRA, 42 U.S.C. § 6934. The Investigation is
further addressed under Paragraphs 25-36 of this CAFO.
7. This CAFO shall apply to and be binding upon EPA and Respondent.
8. For purposes of this CAFO and any action to enforce this CAFO, without
trial or litigation of Me issues oradjudication of the fads, Respondent (a) admits that
EPA has jurisdiction over the subject matter alleged in the Complaint and the Amended
Complaint, (b) neither admits nor denies the factual allegations contained in the
Complaint and the Amended Complaint, and (c) consents to the. terms of this CAFO.
9. Respondent hereby waives its right to a judicial or administrative hearing
or appeal on any issue of law or fad set forth in the Complaintand the Amended
Complaint with regard to Me violations alleged pursuant to Sections 3008(a) and (g) of
RCRA, 42 U.S.C. § 6928(a) and (g), and Section 309(g) of the CWA, 22 U.S.C.
§ 1319(g).
IL .TERMS OF SETTLEMENT
Civil Penalty
10. Pursuant to Sections 3008(a) and (g) of RCRA, 42 U.S.C. § 6928(a) and
(g), and Section 309(g) of the CWA, 33 U.S.C. § 1319(g), based on the nature of the
violations alleged in EPA's Complaint and Amended Complaint, Respondent's
agreement to perform a Supplemental Environmental Project ("SEP'), and other
0
relevant factors, EPA has determined that an appropriate civil penalty to settle the
seven RCRA counts and one CWA count alleged in EPA's Amended Complaint, and
listed in Paragraph 2 above, is in the amount of fifty-nine thousand, five hundred and
sixty-eight dollars ($59,568). _
11. Not more than ten (10) days after the effective date of the Final Order,
signed by the EPA Regional Judicial Officer, Region 1, or her delegates, Respondent
shall submit a cashiers or certified check, payable to the order of the "Treasurer, United
States of America," in the amount of fifty-nine thousand, five hundred and sixty-eight
dollars ($59,538), to:
EPA -- Region I
P.O. Box 360197M
Pittsburgh, PA 15251
and shall provide copies of such check to:
Regional Hearing Clerk (Mail Code RAA) and David M. Peterson .
U.S. Environmental Protection Agency Senior Enforcement Counsel
One Congress Street, Suite 1100 U.S. Environmental Protection Agency
Boston, MA 02114 One Congress Street, Suite 1100 (SES)
Boston, MA 02114
The check shall bear the was name and docket number. Interest and latecharges, it
any, shall be paid as speed in Paragraph 41 herein.
Additional Settlement Prov cions
12. By execution of this CAFO, Respondent consents to issuance of this
Consent Agreement and Final Order and consents for the purposes of settlement: (a) to
the payment of Me civil penalty cited in Paragraph 10; (b) to the performance of the
SEP, described in Paragraphs 13 -19, below; (c) to continue compliance with the
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RCRA Order, described in Paragraphs 3, 5, 20, and 22-24, herein; (d) undertake certain
AFF training efforts, described in Paragraphs 5 and 21-24, herein; and (e) to conduct
the Investigation, as described in Paragraphs 6 and 25-36, herein, and the Investigation
Statement of Work (herein after the "Investigation SOW), which is herein incorporated
by reference (Attachment B). The Investigation will address the release or potential
release of Jet A fuel and/or other intermixed hazardous wastes at or from Respondent's
Facilities (as defined in Attachment B) that may present a substantial threat to human
health or the environment.
Supplemental EMIP t
13. Respondent shall complete the following SEP, which the parties agree is
intended to secure significant environmental or public health protection and
improvements. Not later than April 29,2005, Respondent shall switch from petroleum
diesel fuel to a biodiesel fuel ("3-20") for all of Respondent's diesel vehicles ("Biodiesel
SEP"). At any fime during the course of the SEP, Respondent may also provide
biodiesel fuel to contractor -owned and operated diesel vehicles, and provided that such
fuel is used solely in connection with services provided to Respondent by such
contractors, such fuel use shall be considered a part of,this SEP.
14. Respondent shall complete the SEP by purchasing and exclusively using
B-20 for the SEP period, as described in Paragraphs 13 and 15, herein. The use of 8-
20, compared to petroleum diesel, has been estimated to reduce air emissions of
hydrocarbons by 21%, particulates by 5%-10%, and carbon monoxide by 11%. The
SEP is more specifically described in the scope of work (hereinafter, the "SEP Scope of
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Work"), attached hereto as Attachment C and incorporated herein by reference.
15. The total expenditure for the SEP shall be not less than the present value
of $165,432' (hereinafter, the "SEP Amount'), in accordance with the specifications set
forth in the SEP Scope of Work. The cost of the SEP is based on the differential
between the cost of petroleum diesel and 13-20 biodiesel and Respondent's (and
Respondent's contactors') anticipated Consumption of diesel fuel during the SEP
period. Based on Respondent's esi mated consumption of diesel fuel and a cost
differential of $0.40 a gallon, the SEP period will be twenty-two (22) months from the
start of the SEP on April 29, 2005'. Respondent shall not reinstate the use of
Petroleum diesel in its owned diesel vehicles at any time during the SEP period', except
in accordance with Attachment C. The SEP Amount shall be recalculated using the
EPA's PROJECT Model if the fuel price differential or Responia (and Respondent's
contractors') diesel Consumption rate, as desaibed in Attachment C, changes more
than 25% over a period of twelve months, prior to the full SEP Amount being spent.
Respondent shall include documentation of the expenditures made in connector with
the SEP as part of the SEP Progress Reports and SEP Completion Report, as
discussed in Paragraphs 17.a and 17.1c, below and Attachment C.
Based on the wneMlnbrmatbn Madrid by Reapandend and ping EPA's PROJECT Model
(Into money dalvlCom iancNtivw remNe -act. to calculate Ste time value of money,
RespoMentis required ro pay$1lei mmueb me end of the SEP Wait in order to My we present value of the
SEP, see Anacumem C, Exhien t.
This cast differential betuem the prim ahodiesal and petroleum diesel will tlkary be reduced
under the Amencen Jobe Creation Ad, P110 M (O& 21, 2000), which reduces extend taxes on biodiesel. The
desire becomes effective on Oecember 31, 2004,
11 4 The actual SEP periW may mm for eMermore or less Nen the estimated Mrenhvive months
demanding on Respondents (and Respondents mntradon) actual diesel had consumption and venation in The
price differential common bko iesel and witmeum diesel.
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16. Respondent hereby certifies that, as of the effective data of this CAFO,
Respondent is not required to perform or develop the SEP by any federal, state or local
law or regulation, nor is Respondent required to perform or develop the SEP under any
grant or agreement with any governmental or private entity, as qundive relief in this or
any other case, or in compliance with state or local requirements. Respondent further
certifies that Respondent has not received, and is not presently negotiating to receive,
credit in any other enforcement action for the SEP.
17. SEP Reports
a. SEP Progress Reports. Respondent shall submit Progress Reports on
November 29 and May 29 of cath year during the SEP period to EPAin accordance
with Paragraph 8.1. of Attachment C.
It. SEP Completion Report. Respondent shall submit a SEP Completion
Report to EPA, in accordance with Paragraph 8.2. of Attachment C.
C. Respondent agrees that failure to submit any SEP Progress Report or the
SEP Completion Report required by subparagraphs (a) and (b) above shall be deemed
a violation of this CAFO, and Respondent shall become liable for stipulated penalties
pursuant to Paragraphs 19 and 38.b, below. -
d. Respondent shall submit all notices and reports for the SEP required by
this CAFO by first Wass mail to:
Rich Piligian _
RCRA Technical Unit
Office of Environmental Stewardship
U.S. Environmental Protection Agency, Region 1
One Congress Street, Mail Code SER
Boston, Massachusetts 02114-2023
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i
and
David Peterson
Senior Enforcement Counsel
Office of Environmental Stewardship
U.S. Environmental Protection Agency, Region i
One Congress Street, Mail Code SES _
Boston, Massachusetts 021142023
e. In itemizing its costs in the SEP Progress and Completion Reports,
Respondent shall clearly identify and provide acceptable documentation for all eligible
SEP costs. Where the SEP Progress Reports and SEP Completion Reports include
costs not eligible for SEP credit, those costs must be clearly Identified as such.. For
purposes of this paragraph, "acceptable documentation' includes invoices, purchase
orders, or other documentation that specifically identifies and itemizes the individual
costs of the goods and/or services for which payment is being made. Canceled drafts
do not constitute acceptable documentation unless such drafts specifically identify and
itemize the individual costs of the goods and/or services for which payment is being
made.
18. Respondent shall maintain legible copies of documentation of the
underlying data and supporting information for any and all documents or reports
submitted to EPA pursuant to this CAFO for a Period of three (3) years following
completion or termination of the SEP and shall provide the documentation of any such -
underlying data and supporting information to EPA not more than fifteen (15) days after
a request forsuch information. In all documents of reports, including, Without limitation,
any SEP Progress Reports or the SEP Completion Report, submitted to EPA pursuant
to this CAFO, Respondent shall, by its municipal officers, sign and certify under penalty
_1y
of law that the information confained in such document or report is true, accurate, and
not misleading by signing the following statement:
I certify underpenalty of lave that l have examined and am
familiar with the information submitted in this document and all
attachments and that, based on my inquiry of those individuals
immediately responsible for obtaining the information, 1 believe that
Me information is true, accurate, and complete. i am aware that
there am significant penalties for submitting false information,
including the possibility of fines and imprisonment.
19. PPA acceptance of SEP C lef Report
a. After receipt of the SEP Completion Report described in Paragraph 17,1b.
above, EPA will notify the Respondent, in writing regarding: (i) any deficiencies in the
SEP Completion Report itself ("Notice of Deficiency') and granting Respondent an
additional thirty (30) days to correct any deficiencies', or (ii) EPA's conclusion that the
SEP has been completed -in accordance whh Attachment C; or (iii) EPA's conclusion
that the SEP, or any portion of the SEP, has not been completed in accordance with
Attachment C ("Notice of Incompleteness'), which may include an additional
:determination that EPA has assessed stipulated penalties in accordance with -
Paragraph 38.b, herein.
b. If EPA notifies Respondent pursuant to Paragraph 19(a)(h or (iii),
Respondent may object in writing ("Notification of Objection") to the Notification of
Deficiency or the Notice of Incompleteness given pursuant to this paragraph within ten
(10) days of receipt of either a Notification of Deficiency or the Notice of
Incompleteness. EPA and Respondent shall have an additional thirty (30) days from
the receipt by EPA of the Notification of Objection to reach agreement on the changes
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necessary to the SEP Report or on the additional work necessary to complete the SEP.
If agreement cannot be reached on any such issues within this thirty (30) day period,
EPA shall provide a written statement to Respondent of its decision on the deficiency or
the incompleteness, which decision shall be final and binding upon Respondent and
Respondent shallcorrect the defciendes or incompleteness in the SEP Completion
Report. In the event the SEP is not completed as described herein, as determined by
EPA, stipulated penalties shall be due and payable by Respondent to EPA in
accordance with Paragraph 38.b herein. -
RCRA Order. AFF Tainst
20. RCRA Order
a. Respondent agrees to continue to meet the requirements of the RCRA
Order issued on September 30, 2003, as set forth In Paragraphs 56 through 67 of
EPA's Complaint, except those provisions of Paragraphs 58, 59, and 60 that pertain to
the AFF.
b. The City's training and contingency planning shall be amended to address
the management and disposal of waste fuels that meet federal hazardous waste
standards.
21. At the AFF facility, within sixty (60) days of the effective date of this CAFO,
Respondent shall provide appropriate hazardous waste management training to all
employees at the AFF handling jet fuel -contaminated wastes.
22. Within sixty-five (55) days of the effective date of this CAFO, Respondent
shall submit to EPA written confirmation of its compliance (accompanied by a copies of
any training records, the amended training and contingency plans required under
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Paragraph 20.1b, and any additional supporting documents) with the requirements set
.forth in Paragraph 20.b and 21, above.,
23. Respondent shall submit the above required information and notices to:
Rich Piligian
RCRA Technical Unit -
Office of Environmental Stewardship
U.S. Environmental Protection Agency, Region 1
One Congress Street, Mail Code SER
Boston, Massachusetts 021142023
David Peterson
Senior Enforcement Counsel
Office of Environmental Stewardship
U.S. Environmental Protection Agency, Region 1
One Congress Street, Mail Code SES
Boston, Massachusetts 02114-2023
24. If Respondent fails to comply with the requirements of Paragraphs 20
through 23, above, within the time specified, Respondent shall pay stipulated penalties
as set forth in Paragraph 38.c., below, upon written demand from EPA.
Invest'aa6ons
25. For purposes of this CAFO and enforcement of this CAFO, Respondent
agrees not to contest EPA's assertion that the release of any hazardous waste from
Respondent's Facilities may present a substantial hazard to human health or the.
environment. Accordingly, pursuant to Section 3013 of RCRA, 42 U.S.C. § 6934
Respondent hereby agrees to perform the Investigation, including such monitoring,
testing, analysis and reporting as specified in Appendix B, in the manner and by the
dates specified, Respondent also agrees that, prior o the execution of this CAFO, it
has conferred with EPA on the scope and work plan of the Investigation (see
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Attachment B), in satisfaction of Section 3013(c) of RCRA, 42 U.S.C. § 6934tc) and
waives its right to any further conference. The Invesfigation (as defined in Attachment
B) undertaken pursuant to this CAFO shall be performed in a manner consistent with, at
a minimum: Attachment B; RCRA and other applicable federal laws and their -
implementing regulations; and applicable EPA guidance documents.
26. Respondent shall perform the Investigation in accordance with this CAFO
and all plans, standards. specifications, and schedules set forth in or developed by
Respondent and approved by EPA, with review by the State of Maine Department of
Environmental Protection ("MeDEP'), pursuant to Attachment B.
27. Respondent shall provide EPA copies of any communications,
correspondence, plans, standards, spec cations and schedules developed by -
Respondent and reviewed or approved by MCDEP, regarding investigation or cleanup
measures at Respondent's fscilibes, pursuant to Attachment B.
_ 26. EPA reserves any applicable authority and jurisdiction to require
Respondent to take additional measures, beyond any that may be required by McDEP.
29. The following three individuals shall be designated Project Manager for
their respective organizations:
EPA:
Rapheal Cady
U.S. Environmental Protection Agency
One Congress Street, Suite 1100
Boston, Massachusetts 02114-2023
ATTN. RCRA Corrective Action Unit
(617) 916 -1366
(617) 918- 1291 (fax)
cody.ray@epa.gov
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CITY OF BANGOR:
Charles Mitchell
"of Bangor
73 Harlow Street
Bangor, ME 04401
(207)992-4259
(207) 9454445 (fax)
chades.mdchell@bgone.org
WIDEP
Scott Whither
Maine Department of EmAromnental Protection
17 State House Station
Augusta, ME 04333-0017
(207)287-2851
soolt.whidler@maine.gov
Respondent's Project Manager shall be responsible for overseeing the implementation
of the activities required under Attachment B and for designating a person to ad in
his/herabsence.
30. All communications between Respondent, EPA, and McDEP and all
documents, reports, approvals, and other correspondence and communications.
concerning the Investigations Performed pursuant to Attachment B shall be directed by
the relevant Project Manager to the other tyro Project Managers.
a. Respondent may change its Project Manager but agrees to provide at
least five (5) days written notice prior to EPA and Me DEP prior to changing its Project
Manager. -
It, The absence of the EPA Project Manager from the Facility shall not be
cause for the stoppage of work being conducted pursuant to Attachment B.
31. Any repod, document or other written communication submitted by
-16-
Respondent pursuant to Attachment B which makes any representation concerning
Respondent's compliance or noncompliance with any requirement of Attachment B
shall be certified by a responsible municipal officer of Respondent or a duly authorized
representative. The certification shall be in the following form:
I earthy that this document and all attachments were prepared under my direction
or supervrsiomin accordance with a system designed M evaluate the information _
submitted.. I carrrry that the Information contained in or accompanying this
submittal is true, accurate, and complete. As b those mendfiedpomon(s) of thrs
submittal Mr which I cannot personally verify the accuracy, 1 carthy that this
submittal and all attachments were prepared in accordance with procedures
designed M assure that qualified personnel property gathered and evaluated Me.
information submitted. Based on my inquiry of the person orpersons who
manage the system, or Mesa directly responsible forgathering the information,
or the immediate supervisor of such person(s), the information submitted is, M
the best of my knowledge and belief, true, accurate, and complete. I am aware
that there are significant penalties for submitting false information, including Me
possibility of fine and imprisonment ler knowing violations.
32. Upon receipt of a submission by Respondent of a submittal pursuant to
the SOW, EPA shall approve the submission, approve the submission with conditions
or disapprove the submission. In the was of approval with conditions, or disapproval,
EPA will state its reasons for the conditions or disapproval in writing. Except as -
othenvise provided in this CAFO, in the event Respondent disagrees, in whole or in
part, with EPA's approval with conditions or disapproval of any submission pursuant to
Attachment S, or if there is any other dispute that arises under Attachment B,
Respondent shall notify EPA of its objections (or the dispute) by providing EPA with a
written statement of position within fourteen (14) days of (i) receipt of EPA's approval
with conditions or disapproval, or (ii) Respondent's ideri ifcefion of the facts giving rise
to the dispute. Respondent's statement of position shall set forth the specific matters in
-17-
dispute, the position that Respondent asserts should be adopted as consistent with the
requirements of this CAFO, the basis of Respondent's positron, and shall include any
supporting documentation. EPA may provide a written response to Respondent's
statement of position.
33. EPA and Respondent shall have an additional fourteen(14)days from
EPA's receipt of. Respondent's statement of positron to meet or confer to attempt to
resolve the dispute. If agreement is reached, Respondent shall (i) in the case of a
disputed submission, submit a revised submission and implement the same in
accordance with such agreement, or (ii) in the case of any other dispute that arises
under Attachment B, implement the resolution in accordance with terms of such
agreement.
34. If EPA and Respondent are not able to reach agreement within the
fourteen (14) day period, Respondent may request a meeting with the Director of the
Office of Site Remediation and Restoration ('OSRR'), EPA Region I, within seven (7)
days of expiration of the fourteen (14) day period in order to make an oral presentation
of its positron. Whether an oral presentation shall be conducted is in the discretion of
the Director of OSRR, EPA Region I. Either after the expiration of the fourteen (14) day
period or, if timely requested by Respondent, after Respondent's oral presentation, if
any, the Director of OSRR, EPA Region I will issue a written decision, based on (i) in
the case of a dispute over a submission, the submission(s) at issue, EPA's written
statement of approval with conditions or disapproval, and a statement of the position of
the Respondent, or (ii) in the case of any other dispute under Attachment B,
Respondent's statement of position and any EPA response thereto. That written
-18-
decision shall be incorporated into and become an enforceable part of this CAFO and
shall no longer be subject to dispute. Respondent shall comply with the terms and
conditions of this decision on the dispute. If the Respondent does not agree to perform
or does not actually perform the milk in accordance with EPA's decision, EPA reserves
the right in its sole discretion to conduct the work itself, to seek enforcement of the
decision, to seek stipulated penalties, and/or to seek any other appropriate relief.
35. In no event shall an obligation or deadline pursuant to Attachment B be
tolled if Respondent is not in a timely and good faith manner pursuing resolution of the
dispute. Notwithstanding the invocation of this dispute resolution procedure,
Respondent shall proceed, at the direction of EPA, to take any action required by those
potions of the submission and of the CAFO that EPA determines are not substantially
affected by the dispute. The invocation of dispute resolution does not stay the accrual
of stipulated penalties under this CAFO.
36. Unless there has been a written modification by EPA of a compliance
date, a written modification by EPA of an approved workplan condition pursuant to
Attachment B, or excusable delay as defined in Paragraph 46 of the CAFO (Force
Majeure), if Respondent fails to comply with any term or condition set forth in the
CAFO, Attachment B, and workplan approved pursuant to Attachment B in the time or
manner specified herein, Respondent shall pay stipulated penalties as set forth in
Paragraph 38A., below, upon written demand from EPA.
Access
37. The following provisions address access issues for implementing the
-19-
CAFO:
a. EPA, its contractors, employees, and/or any EPA representatives are
authorized to enter and freely move about Respondent's Facilities pursuant to this
CAFO for the purposes of, inter alis: interviewing facility personnel and contractors;
inspecting records, operating logs, and contracts related to Respondent's Facilities;
reviewing the progress of Respondent in carrying out the terms of the SEP, RCRA
Order and AFF Training, and Investigations; conducting such tests, sampling, or
monitoring as EPA deems necessary; using a comers, sound recording, or other
documentary type equipment; and verifying the reports and data submitted to EPA by
Respondent. Respondent shall assist EPA in coordinating its activities with applicable
officials in Me Federal Aviation Administration, the Department of Homeland Security,
and the Department of Defense lc address airport safety and security issues at the SIA.
Respondent agrees to provide EPA and its representatives access at all reasonable
times to Respondent's Facilities, including areas occupied by Respondent's tenants,
and subled to subparagraph b below, to any other property to which access is required
for implementation of this CAFO. Respondent shall permit such persons to inspect and
copy all records, files, photographs, documents, including all sampling and monitoring
data, Mat pertain to work Undertaken pursuant o this CAFO and that are within the
possession or under the control of Respondent or its contractors or consultants.
b. To the extent that work being performed pursuant to this CAFO must be
done beyond Respondent's Facilities' property boundary or within areas occupied by
Respondents tenants, Respondent shall identity by name, address and location the
property to which access may be required, within thirty (30) days of the identification of
-20-
such property. In addition, Respondent shall use its best efforts to obtain access
agreements necessary to complete work required by this CAFQ from the present
owner(s) or tenants of such property within thirty (30) days of approval of any workplan
for which access is required. Best efforts as used in this paragraph shall include, at a
minimum, a certified letter from Respondent to the present owner(s) or tenant of such
property requesting access agreement(s) to permit Respondent, EPA, MCDEP, and
their authorized representatives to access such property, and an offer to pay
reasonable consideat on for granting such access. Any such access agreement shall
provide for access by EPA, MCDEP and their representatives. Respondent shall insure
that EPA's and McDEP's Project Managers have a copy of any access agreement(s).
In the event that agreements for access are not obtained within thirty (30) days of either
the date of approval of any workplan for which access is required or the date that the
need for access became known to Respondent, Respondent shall notify EPA in writing
within fourteen (14) days thereafter of both Me efforts undertaken to obtain access and
the failure to obtain such agreements. EPA may, at its discretion, assist Respondent in
obtaining access. In the event EPA obtains access, Respondent shall undertake EPA -
approved work on such property as required under this CAPD.
C. Respondent agrees to indemnify the United States for any and all claims
against EPA arising from Respondent's activities on such property.
d. Nothing in this paragraph limits or otherwise affects EPA's right of access
and entry pursuant to applicable law, including RCRA. -
e. Nothing in this paragraph shall be construed to limit or otherwise affect
Respondent's liability and obligation to perform work under this CAFQ, including work
1
pursuant to Attachment B beyond the Respondent's facilities, notwithstanding the lack
of access. However, notwithstanding the foregoing, failure to obtain access will be
evaluated by EPA as to whether the lack of access shall be considered a force majeure
event under Paragraphs 4549, so long as all efforts required under this Paragraph 37
have been undertaken.
Stipulated Penalties
38. Respondent shall be liable for stipulated penalties, as set forth below.A
violation of this CAFO, subject to stipulated penalties, includes failing to perform any
obligation required by the terms of this CAFO (including any work plan or schedule
approved under this CAFO), Attachment B, and Attachment C and within the specified
time schedules established by or approved under this CAFO, Attachment B or
Attachment C. -
a. Failure to Pay Civil Penalty. For failure to submit the civil penalty
pursuant to the terms of Paragraph 10 and 11, above, Respondent shall pay stipulated
penalties in the following amounts for each day during which the payment is not
received:
Period of Fit to Comply Penalty PViolation P rDay
1st through 30t' day $500
W day and beyond $1,000
b. Failure to Complete SEPiFailu a to Spend Agreed-upon Amount In the
event that Respondent fails to comply with the terms or provisions of this CAFO and
Attachment C relating to the performance of the SEP described in Paragraphs 13-19,
above, and/or to the extent that the actual expenditures for the SEP do not equal or
-2z.
exceed the SEP Amount described in Paragraph 15, above, Respondent shall be liable
for stipulated penalties according to the provisions set forth below,
(i) Except as provided in subparagraph (ii) immedlately below, in the event
that Respondent fails to initiate and undertake the SEP pursuant to this
CAFO and Attachment C, Respondent shall pay a stipulated penalty to
the United States of $180,097 or the recalculated SEP Amount under
Paragraph 15, above.
(ii) If the SEP is not completed in accordance with Paragraphs 13-19, above,
and/w Attachment C, but the EPA determines that the Respondent: a)
made good faith and timely efforts to complete the project: and b)
certifies, with supporting documentation, that at least 90 percent of
$180,097 or the recalculated SEP Amount under Paragraph 15, above,
was expended on the SEP, Respondent shall not be liable for any
stipulated penalty.
(iii) If Respondent's total expenditure for the SEP is less than 90% of
$180,097 or the recalculated SEP Amount under Paragraph 15, above,
and Respondent has not either paid the unspent balance to the United
States Treasury nor used the balance to conduct an alternative SEP, in
accordance with Paragraph A(8) of Appendix B, Respondent shall pay a
stipulated penalty equal to one dollar for each one dollar of difference
between the actual cost of the SEP and $180,097 or the recalculated SEP
Amount under Paragraph 15, above.
(iv) If the SEP is completed In accordance with Paragraphs 13-19 and
-23-
Attachment C, and the Respondent spent at least 90 percent of the
amount of money required to be spent for the project, Respondent shall
not be liable for any stipulated penally.
(v) For failure to timely submit the SEP Completion Report required by
Paragraph 17(b) above, Respondent shall pay a stipulated penalty for
each day until the report is submitted in the amount of.
Period of Failure to Comply Penalty Per Violation Per Day
1a' through 301h day $250
31" through 60" day $500
W day and beyond $1,000
(vi) For failure to submit any SEP Progress Report required by Paragraph
17(a), above, Respondent shall pay a stipulated penalty for each day after
the report was originally due in the amount of.
Period of Failure to Comoly Pamaltv Per Violation Per Day
1"through 30"day $125
31"though 6V day $250
6V1 day and beyond $500 -
(vii) Subject only to the provisions of Paragraph 19, above, alydeterminations
of whether the SEP has been completed in accordance with Attachment C
and whether the Respondent has made a good faith, timely effort to
implement the SEP shall be in the sole discretion of EPA.
(viii) Stipulated penalties for subparagraphs b(v) and (vi) above shall begin to
accrue on the day after performance is due, and shall continue to accrue
through the final day of the completion of the activity. In no event,
however, shall the total amount of stipulated penalties due and owing
exceed $180,097 or the recalculated SEP Amount under Paragraph 15,
above.
C. Failure to Meet RCRA Ordgr andAFF Training Requirements: For failure
to complete any of the work or submit any of the documents required under the RCRA
Order and AFF Training requirements, as described in Paragraphs 3, 5, and 20-24,
above, Respondent shall pay stipulated penalties in the following amounts for each day
during which the work is not completed or the document not submitted.
Period of Failure to Comply Penalty Per V olatioa Per Day
V through 301" day $250
31"through W day $500
61"day and beyond $1,000 -
d. Failitip to Meet It' t' Requirements: For failure to complete any of
the work or submit any of the documents required under the Investigation requirements,
as described in Paragraphs 6 and 25-36, above, and the requirements set forth in
Attachment B, Respondent shall pay stipulated penalties in the following amounts for
each day during which the work is not completed or the document not submitted.
Period of Failure to Comply Penalty Per Violation Per Day
1"through 30h day $250
31"through 8O"day $500
61" day and beyond $1,000
39. -Unless otherwise provided herein, stipulated penalties under this Section
shall begin to accrue on the day after performance is due or on the day a violation
occurs, whichever is applicable, and shall continue to accrue until performance is
satisfactorily completed or until the violation ceases. Stipulated penalties shall accrue
simultaneously for separate violations of the CAFO.
zs-
40. Respondent. shall pay stipulated penalties within thirty (30) days of
receiving the EPA's written demand, following the procedures in Paragraph 11.
interest, Fees andPena
41. Pursuant to Sections 309(g)(9) of the CAVA, 33 U.S.C.
§§ 1319(g)(9), a failure by Respondent to pay the CWA portion of the penalty (22
percent of any penalty amount owed) in full by its due dates may subject the
Respondent to a civil action to collect the assessed penalty, plus interest at current
prevailing rates from the date of the Final Order. The rate of interest assessed shall be.
at the rote set forth in 31 C.F.R. § 901.9(d), promulgated under 31U.S.C. § 3717.
EPA is entitled to assess interest and penalties on debts owed to the United States and
a charge to cover the cost of processing and handling a delinquent claim, including
attorney's fees, costs for collection proceedings, and a quarterly nonpayment penalty
for each quarter during which such failure to pay persists. Such nonpayment penalty _
shall be in an amount equal to twenty percent of the aggregate amount of Respondent's
penalties and nonpayment penalties that are unpaid as of the beginning of such
quarter. Interest will therefore begin to accrue on a civil or stipulated penalty R it is not
paid by the last date required. In any such collection action, the validity, amount, and
appropriateness of Ne penalty assessed in this paragraph shall not be subject to
review.
Additional Prowinons
42. Unless as otherwise expressly stated herein, nothing in this CAFO shall
be construed as prohibiting, altering or in anyway limiting the ability of EPA to seek any
-26-
other remedies or sanctions available by virtue of Respondent's violation of this CAFO
or any other violation of the statutes and regulations upon which this. CAFO is based, or
any other violation of any applicable provision of law.
43. Any public statement, oral or written, in Pont, film, or other media, made
by Respondent's municipal officers making reference to the SEP shall include the
following language.
This project was undertaken in connection with the settlement of an
enforcement action taken by the U.S. Environmental Protection Agency
for violations of Sections 3002, 3004, and 3005 of RCRA, 42 U.S.0
§§ 6922, 6924, and 6925, the regulations promulgated thereunder at 40
C.F.R. Parts 262, 264, 265, and 268; Chapter 13 of Title 36 of the Maine
Revised Statutes (M.R. S.A.) (Chapter 13); the regulations promulgated
thereunder, found at Chapfer 800, atseq. of the Stale of Maine
Hazardous Waste Management Rules (the Maine Rules); and Section
301(a) of the Clean WaterAcl, 33 U. S. C.§1311(a).
44. This CAFO shall not relieve Respondent of Its obligation to comply with all
applicable provisions of federal, state or local law, nor shall it be construed to be a
ruling on, or determination of, any issue related to any federal, state or local permit, nor
shall it be construed to constitute EPA approval of the equipment or technology
installed by Respondent in connection with the SEP undertaken pursuant to this CAFO.
Force Majeure
45. If any event Occurs which causes or may cause delays in the completion
of the any obligation by Respondent as required under this CAFO, Respondent shall
notify EPA in writing, at the address listed in Paragraph 29 for matters addressed under
Paragraphs 25-36 and at the address listed in Paragraph 23 for all other matters
addressed under this CAFO, not more than ten (10) days after the delay or
2/.
Respondent's knowledge of the anticipated delay, whichever is earlier. The notice shall
describe in detail the anticipated length of the delay, the precise cause or causes of the
delay, the measures taken and to be taken by Respondent to prevent or minimize the
delay, and the timetable by which those measures will be implemented. The
Respondent shall adopt all reasonable measures to avoid or minimize any such delay.
Failure by Respondent to comply with the notice requirements of this paragraph shall
render this paragraph void and of no effect as to the particular incident involved and
constitute a waiver of the Respondent's right to request an extension of its obligation
under this CAFO based on such incident.
46. If the parties agree that the delay or anticipated delay in compliance with
this CAFO has been or will be caused by circumstances beyond the reasonable control
of Respondent or its contractors, the time for performance hereunder may be extended
for a period no longer than the delay resulting from such circumstances. In such event,
the parties shall stipulate to such extension of time.
47. In the event that the EPA does not agree that a delay in achieving
compliance with the requirements of this CAFO has been or will be caused by
circumstances beyond the reasonable control of the Respondent or its contractors, EPA
will notify Respondent in writing of its decision and any delays in the completion of any
requirement under the CAFO shall not be excused.
48. Such decision shall be binding unless Respondent requests in writing,
within seven (7) days after receipt of the EPA notice, a determination on the decision by
the EPA Region t Director of the Office of Site Remediation and Restoration for
matters addressed under Paragraphs 25-36 and the EPA Region 7 Director of the
-28-
Office of Environmental Stewardship for all other matters under the CAFO. The
applicable Director will issue a written decision on the dispute within thirty (30) days of
receipt of the written request. Within this thirty day period, upon Respondent's request,
Respondent may have the opportunity to discuss the dispute with the applicable EPA
Region 1 Director, subject to the Director's discretion, prior to issuance of the Director's
written determination. If the Director determines that the delay in achieving compliance
with the requirements of this CAFO is not due to circumstances beyond the reasonable
control of Respondent, stipulated penalties shall accrue and shall be due and payable
by Respondent to EPA, in accordance with Paragraph 38 herein. On Me other hand, if
the Director determines that the delay in achieving compliance with the requirements of
the CAFO is due M circumstances beyond the reasonable control of Respondent,
Respondent shall be not liable for stipulated penalties that othermse would have -
accrued during the dispute resolution process set forth in this Paragraph.
49. The burden of proving that any delay is caused by circumstances beyond
the reasonable control of the Respondent or its contractors shall rest with the
Respondent. Increased costs or expenses associated with the implementation of
actions called for by this CAFO shall not, in anyevent, be a basis for changes in this
CAFO or extensions of time under Paragraphs 4548 herein. Delay in achievement of
one interim step shall not necessarily justify or excuse delay in achievement of
subsequent steps.
Effect ofSettlement Reservation of Rights
50. This CAFO constitutes a settlement by EPA and a covenant not to sue or
9
bring further administrative proceedings pursuant to Section 3008(a) of RCRA, 42
U.S.C. § 6928(a) and Section 309(9) of the CWA, 33 U.S.C. § 1319(g), with regard to
all claims for civil penalties for the violations specifically alleged in the Complaint and
Amended Complaint. Nothing in this Consent Agreement and Final Order is intended
to nor shall be construed to operate in any way to resolve any criminal liability of the
Respondent. Nothing in the CAFO shall be construed to limit the authority of the United
States to undertake any action against Respondent in response to conditions that may
present an imminent and substantial endangerment to the public health, welfare, or the
.environment.
indemnification of the U i dStates Glueenumen
51. Respondent agrees to indemnify and save and hold harmless the United
.States government, its agencies, departments, agents, and employees, from any and
all claims or causes of action against EPA arising from or on account of acts or
omissions of Respondent or its officers, employees, agents, independent contractors,
receivers, trustees, and assigns in carrying out activities required by this CAFO. This
indemnification shall not be construed in any way as affecting or limiting the rights or
obligations of Respondent or the United States under their various contracts.
Sevembilifv
52. If any provision or authority of this CAFO or the application of this CAFO
to any party or circumstances is held by any judicial or administrative authority to be
invalid, the application of such provisions to other parties or circumstances and the
remainder of the CAFO shall remain in force and shall not be affected thereby.
-30-
NN -19-2 1121
inconapration idErforceabilibrofDocuments
53. All Attachments to this CAFO and all submittals as approved or modified
by EPA which are required by this CAFO shall be deemed incorporated into, and made
an enforceable pad of, this CAFO.
54. Each undersigned representative of the parties to this Consent Agreement
certifies that he or she is fully authdr¢ed by the party represented to enter into the terms
and conditions of this Consent Agreement and to execute and legally bind that party to
a.
55. Each party shall bear its own costs and attorneys fees in connection with
the action resolved by this CAFO.
For Respondent
Edward Edward,�J���
A. Barrett, Ciry Manager
City of, Bangor
23 Harlow Street
Bangor, ME 04401
Date:
Jram Es
A tant City$oIIGtOr
Date: NuveMirlar Igr -.tray
EPA Do fNa.. RCRA-01-2003-00411CW,4-0102004-00551AC -01-1004-0098
dl.
TOTnL P.02
For EPA:
> W
Stephen S. Perkins, Director
Office of Environmental Stewardship
U.S. Environmental Protection
Agency, Region I
Date: It- 14-O�
A;41A lw�z-
David M. Peterson, Esq.
Senior Enforcement Counsel
Date: r iy0'
EPA Docket Nos. RCRA-01-2003-00421CWA-0102004-00551ACRA-01-2004-0098
-32
III. FINAL ORDER
The foregoing Consent Agreement is hereby approved and incorporated by
reference into this Order. The Respondent is hereby ordered to comply with the terms --
of Paragraphs 1-9 and 12-55 of the above Consent Agreement, effective immediately.
The requirements of Paragraphs 10-11 (payment of civil penalty) of the above Consent
Agreement shall become effective thirty (30) days from. today.
Date: ( I O
art Dig deer
Acting Vicon ental ro coon
fficer
U.S. Environmental Protection Agency Region I
EPA Docket Nos. RCRA-01-2003-004VCWA-0102004-0055/RCRA-01-2004-0098-
-33-
Al IAONMENT A-1
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6 EINFEET
ATTACHMENT B
INVESTIGATION STATEMENT OF WORK Page 1
This Statement of Work (SOW) defines the work that the City of Bangor, Maine
(Respondent) shall perform regarding investigation activities at Respondents Aviation
-Fuel Farm (AFF), Jet A fuel' pipeline distribution system, and any adjacent areas
involving Jet A fuel (collectively. the Respondent's Facilities)' under the direction of
the United States Environmental Protection Agency (EPA)(the "Investigations). This
SOW shall be enforceable under the forms of the Consent Agreement and Final Order
(CAFO) for In the Matter of the City of Bangor, Maine, RCRA-01-2003-0042/CWA-01-
2004-0055/RCRA.01-2004-0098, of which this Attachment B and attached Exhibit 1 IS
incorporated by reference. See Paragraphs 6 and 25 - 36 of the CAFO..
I. Introduction
A. Guidance for Required Work
The work required under this CAFO, as speed in this SOW, must be
performed in accordance with accepted standards of professional practice and
applicable EPA and/or MCDEP guidance documents, unless deviation from such
practice or applicable documents is authorized in writing by EPA,
B. Health and Safety Planning
All 0eld work requiredunderthis SOW, must be performed in accordance with a
health and safety plan, which shall be developed and implemented to ensure
compliance with all applicable state and federal occupational health and safety
regulations.
C. Approvals
The lead regulatory agency for the Investigation described in Section It of this
SOW will be EPA. Accordingly, Investigation proposals, work plans, Schedules
and/or reports will be subject to EPA approval. EPA will seek MCDEP review
and comment on Investigation proposals, work plans, schedules and/or reports.
Respondent will copy MCDEP on all Investigation proposals, work plans,
schedules and/or report submittals to EPA.
For purposes of his Sunni of work anti Me'Phase I Crarempaa0on of Potential AFF INIs
Source Areas Work Nan- Bangor International Airport Aviation Futl Fatuity and Plasmas chairman System.
Bangor oi
handled or addeine d al Ne AT Ey Be C,ry a Bangor or l
tre sporte0 via Ne Jet A pipeline shall
nedlstnbufion systemfear Who
Mom the AFF by the city of Bangor.
Information avelable to EPA indorses Nat the source and distribution of Jet toil rmeases may
origlnetemarr more than am area of Ne AFFanNorppellne disNbutlon system For purposes of Mia SOW Me
-pipeline diimMuser system insurer, bat Is has limited to subsurface fuel lines, wMults, valves, pundion poxes
ardlar'lecerels.'
ATTACHMENT B
INVESTIGATION STATEMENT OF WORK Page
The lead regulatory agency for Clean Up Actions, as described in Section IV of
this SOW will be McDEP. Accordingly, Clean Up Action proposals, work plans,
schedules and/or reports will be subject to McDEP approval, with copies of all of
Respondent's submittals to McDEP also sent to EPA. - D. Maine Ground Water Oil Clean Up Fund Reimbureement
The parties understand that the Stale of Maine statutes, 38 M.R.S.A. § 561 at,
seq., regarding coverage of oil clean up costs by the Ground Water Oil Clean up
Fund (the Fund) will be utilized by McDEP to determine the amount and extent
of any coverage for eligible cleanup casts under that Fund. EPA and
Respondent will evaluate the scope of the Investigation, in consultation with
MCDEP, considering eligible reimbursement coverage under the Fund. However,
work required by EPA under this SOWis not limited to only work eligible for
reimbursement under the Fund.
E. Coordination with Department of Defense
The properties that are currently the Respondent's Facilities are all part of the
former Dow Air Force Base, a Formerly Used Defense Site (FUDS). Active Any
and Air National Guard facilities are also present adjacent to Respondent's
Facilities. To the extent predicable, the parties to this SOW will seek to share
information and coordinate actions with the appropriate authorities within the
Untied States Department of Defense (DOD), in conducting the Investigations
required under this SOW.
It. Investigation
Respondent shall thoroughly evaluate Me nature and extent of the releases of
Jet A fuel and/or other intermixed hazardous waste at, near or from the
Respondent's Facilities. Information collection will be coordinated with the
MCDEP to facilitate the State's oversight of any potential Clean Up Actions that
the State might require. -
The Investigation shall be conducted as described below.
A. Phase 1 Characterization of Potential AFF and Pipeline Source Areas
Respondent shall undertake the activities detailed in the Work. Plan, attached
hereto as Exhibit A and made a part hereof, pursuant to the schedule contained
ATTACHMENT.B
INVESTIGATION STATEMENT OF WORK pages
therein'.
Respondent shall prepare and submit separate Phase I Reports for any
Fa11NJinter 2004 investigations and then for any subsequent Phase I
Characterization investigations conducted in 2005, to EPA with a copy to
MCDEP, as specified in the Work Plan. -
Each of the wet Phase I Reports shall be due thirty (30) days following
completion of Phase 1 field activities.
B. Work Plan for Phase 11 Characterization
If the Phase I Characterization activities indicate that additional investigations are
required to adequately assess site contamination within the Aviation Fuel Farm
and pipeline distribution system involving Jet A fuel, within thirty (30) days
following submittal of the Phase 1 Reports, Respondent shall submit to EPA, with
a copy sent to MCDEP, a Phase II Characterization Work Plan to conduct the -
additional investigations. That Phase 11 Workplan shall be structured to:
1. ludher identify and characterize all actual or potential releases of
Jet A fuel and/or
other intermixed hazardous waste (for example, further
characterization to the extent that site or environmental conditions
at the time of Phase I soil vapor methods (e.g., high groundwater
_ table elevation) may not have allowed for the intended
ahamcterization of the AFF and pipeline distribution system); and
2. define the lateral and vertical extent of soil and dissolved -phase Jet
A fuel and/or other intermixed hazardous waste contamination at,
near or from the AFF and pipeline distribution system and/or Phase
I -identified source areas.
III. Identification of Environmental Conditions
Respondent shall continually evaluate environmental data as It is generated in
comparison with the following screening criteria.
1. The concentrabohs detected in soil samples exceed 5 uglkg (ppb)
gasoline range organics(GRO). This action level corresponds to
Woe, as dexNbed and drecletl under Me Phase IA podion of the Phase 1 Work Plan, has
already have been Inblaled on a voluntary basis by Raapondent In coordination with EPA, poor to Na efadlve date
of are CAFO and tire Abashment
ATTACHMENT
INVESTIGATION. STATEMENT OF WORK rovi
McDEP's Clean-up Goal for its'Intermediate° Categor%;
2. the concentrations detected in groundwater samples exceed McDEP
drinking water standards. These standards are: 35 ppb (unit for MTBE,
50 ppb for GRO and 50 ppb for DRO. The GRO and DRO standards are
the laboratory practical quantltation limits (Pi for Mese analyses. For
purposes of characterization, the standard for benzene shall be 1 ppb and
for purposes of this SOW, benzene may be quantified from the GRO
analysis;`
3. information, data or observations from the Phase I or II
Characterization activities, including Work Plan development, identifies a
likely subsurface AFF or pipeline distribution system leak or break, or
indicates the presence of residually -saturated or free -phase oil and/or
hazardous waste:
4. information, data or observations from the Phase I or II
Characterization activities, including Work Plan development, idenfifies
likely potential vapor intrusion at, near and/or inside buildings where
indoor air quality may be impacted: and
5. information, data or observations from the Phase I or II
Characterization activities, including Work Plan development,. identifies
discharge(s) or threat of discharge(s) of oil and/or hazardous substances
into navigable waters of the United States.
IV. Clean Up Actions
Clean Up Actions are measures designed to control or abate threats to human
' Sae generally. Mei Bureau of riemedusion anoWaste Maregenend Summary of Driniting Water
Standards 8 Perm Creeds for to Most Common Oil Contaminants (In PPB). In praceival Guidelines for Establishing
Arum Levels and Rernedofion Goals her 0e seemed afvl 9Oil Consummated Soo and GmulM Water In Maine,
APpanor C. hitolivere.mainvedoe/deWrmm/dub w-onsM rev/Mree2Ce0 bM haessed Jury Z2. 2004)@a ver
marmot to as WeDEP's Guidelines). The purposeof MCOEP's IWilammate Clean-up Goal Is Yo prevent NMer
groundwater contamination and allow for mound groundwater dearrup W ppyakal processes. dock and aloorm
degradation, or Wall Ovee. AnaddNanal purpose is to eliMnate amfinetl apace ezpbsmn hazards and deuesse Pe
pNemial for human sgwsure to hydrocarbon repots. Where this mandard is aparArri it Is assumed that Me
aroor soil maynot M avall lmmetlatebe used y attainable Rgmundvrater human consummon rhwntiminalalon isuhi Thre reason MronL] the this is the heavilme y l
undermost groundwater may re-commminate dean soil as navy equilibrium mncentraticm in 0eM media are
established- In, at Expanalion of Cr lle and Coen -up Action levels and Gmis. EPAIMendstouse MCDEP'a
Intermediate SOY Cleanup Goal for improve of tltaraUerizalion.
EPA acknaMedgei MCOEP Gdtlel'mes Nal Mei ration levels typicellyapply-only to the mast
enaAlve'P-e_. -stringent"rategary)siks. Id,atlntmdootm. EPA intends to use MCDEP dmidmgwaterstanda is
for purposes a(UtareUerizetbn.
ATTACHMENT
INVESTIGATION STATEMENT OF WORK Page 5
health and/or the environment from releases of oil and/or hazardous waste, and
to prevent or minimize the further Spread of contamination. Pursuantlo
Paragraph 27 of the CAFO, Respondent shall provide EPA copies of any
correspondence, plans, standards, specifications, and schedules developed or
approved by MCDEP regarding clean up or investigation measures at
Respondent's Facilities.
In the event of any release or discharge of oil and/or hazardous waste from fire
facility that is subject to applicable reporting requirement; Respondent shall
undertake such notifications required under its Facility Response Plan ("FRP")
and Spill Prevention, Control and Countermeasures Plan ("SPCC') and
applicable law.. in addition, during the period governed by the SOW,
Respondent shall hardly the EPA Project Manager and the MCDEP Project
Manager of such release or discharge within 24 hours of the discovery of the
release or discharge. Further, Respondent shall submit a written report to EPA
and MCDEP, within seven (7) days after each such release or discharge, selling
forth the events that occurred and the actions taken or to be taken to mitigate
any release of discharge or endangerment caused or threatened by the release
or discharge and to prevent the reoccurrence of Such a release or discharge.
V. Public Involvement
Respondent shall prepare for full, fair and equitable public participation. To meet
this objective, Respondent shall perform the following:
A. Within ninety (90) days of the effective date of the CAFO, develop a
public involvement plan that:
1. identifies all stakeholders re: Investigations at Respandent's
Facilities; and
2. upon notice from EPA, MCDEP, or the public, provides
stakeholders with a brief and concise, timely and informed written
report with respect to the Investigation's progress or concerns at
Respondent's Facilities.
B. Within ninety (90) days of the effective date of the CAFO, develop an off-
site information repository in a suitable location in Bangor that is easily
accessible to the public for all records and documentation developed
pursuant to the CAFO and SOW, including but not limited to all work
plans, sampling results, submissions, and correspondence to or from EPA
and McDEP. Such repository shall be available to the public during
normal business hours and its documents made available for review upon
ATTACHMENT B
INVESTIGATION STATEMENT OF WORK Pags6
request.
VI. Data Quality, Planning and Reporting -
Respondent shall obtain the type, quantity and quality of data needed to support
environmental decision making and shall prepare plans and reports that are
correct, clearly written and delivered to end users (i.e. EPA, MCDEP, state and
local governments, the public or other parties as designated by EPA or MaDEP)
in a timely manner. To meet these objectives, Respondent shall perform the
following during the Investigation:
A. Provide data quality assurance procedures as part of work plans
submitted and specific to the investigation methods proposed in
accordance with current EPA and MCDEP guidance;
B. EPA and Mi or their representatives shall be allowed to take split
and/or duplicate samples of any samples collected by Respondent while
performing Work under the CAFO and SOW. Respondent shall notify
EPA and McDEP not less than seven (7) days in advance of any sample
collection activity. EPA and McDEP shall have the right to lake any
additional samples that are deemed necessary;
C. Monitoring of the oil -water separator at the AFF for the accumulation of
petroleum and reporting the findings in the Bi -Monthly Progress Reports;
D. Prepare and Submit Bi -Monthly Progress Reports to EPA and MCDEP
regarding activities under this SOW. Elements of the Bi -Monthly Progress
Reports shall include:
t.. a description of the tasks completed during the previous two
months;
2. a description of any tasks planned for the previous two months, but
not completed;
& an explanation of why the tasks Were not completed; and a -
proposal for how and when they will be subsequently completed;
4. a summary of the results of any data, collected as part of this
SOWS activities and received during the past two months
(including, but not limited to, data with regard to monitoring of the
AFF oil -water separator);
5. a description of the tasks to be completed tluring the coming two
ATTACHMENTS
INVESTIGATION STATEMENT OF WORK Page l
months; and
6. a description of any proposed clean up measures, if applicable, to
be evaluated by MCDEP under Section IV, to address any risks to
human health and/or the environment identified.
E. For each report submitted to EPA and MCDEP, include the following
certification signed by a person who supervised or directed the
preparation of that report:
Underpena#y of law, l car* that to the best of my
knowledge, after appropriate inquiries of all relevant
persons involved in the preparation of this repo@, the
imiomration submitted is hue, accurate, and complete.
I am aware Kat there are significant penalties for
submitting false information, including the possibility
of fines and imprisonment for knowing violations.
VIII. Conlacb
For EPA:
Raphael Cody
Office of Site Remediation and Restoration
U.S. Environmental Protection Agency, Region I
Suite 1100-HBT
-
One Congress Street
Boston, Massachusetts 02114-2023
Telephone: (617) 918-1366
Fax: (617) 918-1291
Cody. ray@epa.gov
For McDEP'
Scoff Whittier, Director
Oil and Hazardous Waste Facilities Regulation
Division
Bureau of Remediation and Waste Management
_
Maine Department of Environmental Protection
State House Station #17
Augusta, ME 04333-0017
-
scott.whittier@maine.gov
For the City of Bangor. ME:
Charles Mitchell
-
City of Bangor
73 Harlow Street
Bangor, Maine 04401
Telephone: 207-9924259
Telefax: 207-9454446
charles:mftchell@bgrme.org
EXHIBIT A -eaa prt,e scsuim3
Watbrmk.Muwa U1W2
Telephme IDl39tJWJ
F G mde207-591-)329
b(aWgSrmsio
e;
Nmember 11, 20W
Mr. Raphael Cody
OMce of Site RemedlatJpn and Pascal RINI
U.S. Fmlronmental Protection Agency-RegionISuite 1100-HBT
One Gmgrem Strew
Boston, h9A 02114-2025 — BamulwaexAweosca
Ae: Phase l Cheac/adasgn of Potential AFF Oil Source Areas Work Plan
Bangor International Almod Avlatin Fuel Facility and Plpeline Distribution System.
Bangor, Maim
SLGemein File No.: 25M4
I
Oen Mr. Cody.
On behalfof due City of Bangor, SLGenain &Associates, Inc. (SLGenaM) is pleased 0
protide Me foikevingPhase l plaracterimtipn of Potential Aviation Fuel Facility Oil Source
Areas Work Plan (Work Plan)he performing a poll vapor survey m Me Bangor International
Mrpod (BIA) Avedn Fuel Facility (AFF) and pilellne dishibubonsystem and perfonming well
gauglingatmeAFF. For ns distribution system Includes
We subsurface fuel Him,icoonhe duld valms,l ncilonPb ores eMrwlan the llaterel phis mumpleted wiitlr the
active Jet A fuel pipeline system.
ne she
ffili
areas off the BW b prellmirudty lmestlgme and luete Me aP tial droribu6 nripmit Me soil vapor surety Is to mollem anfiefiJ,analms soll vapori of Jett
fuel
impacts to soil and groundwater associated wind potential relaesas (hlModcal arWor sides) of
Me pipeline disbibutln system. Thesurvayisdesignedbbeanitemthepiucesslnwfi h
samplingm locations are determined based upon the results generated in @a field. The proposed
sail vapor survey erase, as shwm on Figure t attached to this Work Plan, include the folblWrg
P
nd 1. tknown areae of Jat Afuel Impact et Me AFF, wfiidt Include Me areae sunaurhirrg the
pump house and Lateal Pit 1: and
2. PlpeNe dieiributbn system between Lateral Pits 1 and 2.
phrases 1. Lacteal Pits 2 through 11: and - l"
2. Ppalm distribution system In Me vicinity of Jet A impacted lateral pits.
The purpose of "it gauging at the AFF (bmh wmar level and free product monitoring) Is to
assluak the spatial distribution and iNckness of free product on Me water table surface (based
on the ealsting"[I placement), the gaundwmr level and direction of greundwster flow, and
the relationship of Me free product anal groundwater levels to prodpltemn aunts (frequency
and depth}
o
Firm I Gvevlxlzelian 0 Portent AFF OW seems Nme Work Pan
Bane InWnaloral AwKAv ItlM Fud Frbry and macre Ida4huBan Steam
Bands, Mae
M.Gar tin Re W.: al
Newsreel > won
Mp2
Thin Work Plan was developed following an DGoWlr T, ]004 meeting between the City of
Bangor, U.S. EnNrondowhal Protection Agncy(°EPAJ, Maine Depanam nt of EnNmnmertal
Promotion (MEDEP) and etOerm m anti aubnatumt commuNeaBon between the ptl
SDILVAPORSURVI
T SdIV Probe lr,smllation
Temporary soil vapor probes will be Installed manually and soil vapor samples will be reacted
from a depth of up k Sit below ground surtece sia). Pialimslary pmts locations are
described in Table 1.
Teale t — pashadnary SOI[ Vapor Sample Lomathome
AFF
Pipeline Diablbutim
[aMost PAS 2-11
Pipeline Dmidbullon
Handarpik Wand
ensnd
Systan
WSystem arned i,So lan
Gdd systan.'aee
Initial assume inkmal
4pereach plf to®led
wX
aRea
of label
In TW—Amt
FgureP
of 50 feet Interval
one side,
pHs etwwing a
adjustment to be
epprodmadly 5 met
of Jet A Had impact
made In flew as
from the Pit
as ne«swry
ngsw,pney
Soil vapor sample locations and frequency may be set usted In the fleW.m reflect new additional
hiskric Information reviewed (e.g., blue pinta, eeliel Pactogrepns. Sanborn news, Stare
reeds. engineering studies, employee intervlewsl. or due to We conditions or reflemig marine;
of pus tlmgoing eon nape kaNnB. Additional probe loearions (It needed) WR be veld dekrinined
bawd on He cocunence of high soil vaporconcentarauus.
The sol vapor Investigation Wit begin at the AFF arer meas where free prod nor was
encountered and then proceed m sense where no free weduct was neutered (see Figure P).
eased on the snit vapor concentration model in hese areas, a threshold concentration MR
belt(te,refuNTe eeroobst beyond the th ld mncereshold conceentration wit as sntraflto on Im��Ihe War Th Neater of Nen
threahold limit m to establish a soil vapor mnwntatlon Rn it that Is Indicative of soitlgroun lwater
Intends from Jet A Nei that court require NMerifweetlgal or remadiatlm. --
annenter
e mel up to 2
bgS SemPla kbin9 conslatle borehole MR be mn9lished of nequeda lurch(1/4-InaM1)ih0.l bw.eenstybpolyethyleneH
(LDPE) tali, will be inseded Into Me open borehole. The hotel
anti of Ne LDPE and
in0 will
resarA minbn'I2s N)e potentlel fored adlaBBing.nTin :ah
bottomeend of Ina ubing will ba plairmbke
aPprosimately &mannas above Ne Whom of lha tho ehas, surrounded by cleaInbreedn sllln aerw
al"
hadefll from linchea bnned
elowte and INihe Wbin9 0 3lncnea above Na end of the Nbirg. The
remaining annulerspece bstwean oe top of the silica wrw backfill and the ground surface MR
sam
be backfilled witHbll
hydraan asmd mehar lm t0 form
a seal: Adiagram odoohnf a typlml soil vaporprobe Is
Moral
througWtthe adindalwnd ndnlo th LD11 PE Who9(new pa n9 dd M Sempnn9 baoRe w)famatlon.
5e(ietmiu&Ana4.w1nc. • 806Ml • ewdww Miaa Qew2 telePhoN2WMLTM
Mssn I cLausera von mPalerdel PFFalsorra Meawark%ei
Bengw Intimw Md AtoodAvlellmi Pool Facey ow I'll annual Syelaa
Bangar.Malre
SLcamaln File No.: 2620A
Nommearil.0n4
Pepe3
The peche and assembly Wit be decontaminated between each Maine Iecaflon by washing WM
laboratory grade soap and prong with clean water.
Facing and Samolinl
Pdw to sample collecllal, atlead sea Waves dean vaperwlll be purl from the brahoue.
One pugs volume is calculated man the sum of the volume of the LOPE tubing and Me
disturbed diva warp annulus. Purging and sampling win be performed using a Geotech
Goal II^^ peristtio pump. Athree-wey plastic weve WHO be used b connect the sample
cubing to the pump and a vacuum gauge will be placed on the Intake side of the pump b recon
vacuum during purging and sampling. AOew meter (mWmater) wfll be paced on tun pressure
aide of Me pump to rams aldiow rate between the poop and the sample container. Sample
confusion cubing and will Met come in confect with the sample air will b replaced bMean
each probe ballon. The vawurn and flax Gages Win be deconlaminatad as necessary.
SoAwporsampta 111 be collected In Tedul bags directlyfmm Me 000 Mcpump. Aguas-
' waypie o"lwlllbeusedbtweeniMpumpend TOd rbg. Asearafe Tesler gpg will be
used fare l cell vapor sample and pump tubing will be neptual between each sample
bcatlon, unless sampling inaalae no selection Of hydrocadmns above background leads.
Fad Anal a SOL Vals r SamPga
Soil vapor samples wgl has field analysed usual a Foxboro NA l NO forms loMmSon rescue -
(FID) with a defection range of O— 50,00 parts per milllon(PPM). TMflDwlllbausedto
adimst
FDconceniratiorIMrPPMPln addition, low Osand el tetl COs caan be llcaltire offlove
Mm,We(mnge MvollumBl0b25%O 61100%GO�CF%lad maa field leB will GEM
e a516reted Ea
Meco
manufedurefs speafications.
InaresOrelevaWdhydrocarbonrmmm�hams mFIDflameoutauld:occur,salt
dilutions of IM sample will be parfomled as recessary. To dull the sample, a known Volume
a Mesal vapor sample all be injected Into a Tesler beg using a syringe, followed by a known
Vobraofamblentalr. The ratio of air to sample win dowmeme Me dilution faclor of the sample.
Son vapor samples will also b checked in the field for the presence of methane as needed.
This evaluenan will has perfumed by testing the sample by FID before and after passing Me
sample through an a dvated carbon filler. The difference In cane rtual will be usnorl OF
Me strongly of radial which passes Mmugh caucuses carbon, versus the quantity of
terminal mated hydroaroOril whist are adsorbed to Me aonvaMa cation. In the soll vapor
sample.
Up to ex samples win be collected fmwnfimratlon laboratory testing. Samples oral be
submided M a qualified ladoatory for analysis, of call organic compqurd6 (VOCs) in air.
Chromatograms will be provided with the laboratory resat. If EPA provides an onsite mobile
laboratory during the Imesdgation, cortmatia testing may be performed by EPA's mobile
Jabal tabomtory ansuris of soil vapor samples to confirm the presence or absence of Jet
A fuel may be necessary0 dlenngulwh areas Impacted by Jet A Mel rectus other hlelmkel
petroleum or savant impacts.
St. Cieemdn& AaesaxS tar. • 846 Mile 9e, 5,1x3 • We¢brmk, Mair, ouan • Tdwp zaS unxo
Room I Gvsbr raft Of Nestle AFF at Scow Are" Work PM'
UnpNbmatil NrprdAvom Fad Faulty and Pbetre de uPo Syebl9
aYpW.Matre
SLGermaln Flk No.: 2620A
NmarmberlI'm
Pegea
Probe Location Survev. -
Probe locations will be surveyed using Global PosUaning System (GPS). In general, each -
Imestlgatlon eros wlll be, GPS surceyed in a manner lo locate the outer limit probe points of"
Invastgatlon areas, relaWs toknown(maloUsly mapped) alta features. manor Probe
locations, R necassary, wIU be measured relative to each other and reldire W the outer MnU
probe Whims udng a I OD tL We.
Dow antiAnd fKaorfin
St mmaln wM prepare Phase l -A and Phase l -S Chamderixatlon Rapora Met inclWG,ate
minimum, Ula fcllowing:
1. Diswsalon of theinvesdgeUon adWtes undertaken pureued 0 age Work Man;
2. Isdrnncenbation meals) of the sail vapor surrey areas. The maps) art Include to
surveyed sell vapor probe locations, isr c robn natbn contours (outer limit contour.
as determined he Uefiand) and other ped rare age featuree;
3. Table W Flo, 01, G02, methane (to the extent data emanate), vacuum and flow
measurements for each probe location;
A. Cnnflrmdlon ading laborabry, results and chromatagnsms;and
5. Concluslore andrewmmendetlore.
WELL GAUGING
StGermaln will main designated M personnel to record water axrels and Iree product
Makness at exlsft monitoring wale and plemmetem at the AFF. Nnnissng wig= or on
modhiy (first weak of each month) schedule. at a minimum, until sufficient data exist lo achave
the purpose dthe gauging as desombe l above. In addlllm, aty pe sound will atermpt to
coped monUaing data before, doing and after significant min evade with coordination by
SLGelmeln. For example, It is prepmaC that for any, 0.54nch w answer min events that area
minimum of haurs apart, manitetrg be perfamed once per day as follows:
• Thedayb NmftmhbegN (snadystaamnoMons);
• Each day during the ran event (banslenlwnditims); and
• Eedhd"f rihreadaysfolb nglheand0theminevmd,orfmMtmnMea backto
steady state conditions, wmchevar occurs first.
Predplfaton data will to odalnnd for the nearest recording station n compare groundwater
lander free Prot thickness and predpteton as central. A graph will be prepared am
updated for Inclusion In MmonNly reports to baric hens and correlations between water level,
free product Ibickness end precipitation.
SLGermain will woM closely with City personnel and communicate ea them any predicted
omin ew is where dek nly monitoringWould be performed. St.GrmeIn will peffonn
vertical
$v Gumaio&Aarec+u+.7re. • WIJM,S,,S M3 • Wuebwde Malnedaax • 7e1ePI,001=3I-Aro
Poww I GwRtletlx.Ycn of FOMd s AFF al sou:P Mam Walk Pan
Banger sweetened ALPMAVIeIkn Fuel FeG4b and plPd✓+01euIWLM Swum
Bengt, N9M
Wpartmin Me No.: RSNA
Nmwekall.2004
Pages
SCHEWLE
On behalf of Me Bangor International Airpo t and the City of Bangor, SLGmmaln Is prepared M
Initian geld actvides for Phase l -A WMln two and; W EPA Venom. Reld acllvitles will be
undertaken using a phased appreach. new s -A wig be founded on the AFF no along the
pipallne distribution synch bahvaen Cenral Pln 1 and 2. Phan to Is ntlmated n take 5
days, depending upon soil and wnmer conditions and tin aodal a nerd and concen0'atbn of
wnnmination encountered At Me comps¢tion of Phase I -A, Bra does wit he remand and,
deperading upon Me results of Phase 1-A and weather condPoons, Phage 1.8 of the soil vapor
investgedon maybe initiated MIs fall Orin Bre spring of M05 -Prior n the initiator of Phase 1-
B, this Work Plan shall be evaluated and modified we needed (following mnsultat with Airport
Operations personnel), based upon Information obtained in Pines 1A and M wwre
coorolnetiortWM any other sin Imreelgetons or connotive motor ahead.
Sell vapor sampling Is dependent on dry weal conditions. Ooamwntlon and repoNw (as
Maggened above) will he competed wiMin 30 days of Red sampling err each phase.
If you have wry questions or comments regaNirig Me. aboveWoett Plan, piesse, feel free n
coNamt us.
Sincerely,
ST.GERMAIN &ASSOCIATES, INC.
Patrick J. Coughlin
Project Manager
John S. Marchewka, C.G.
Prejecl Hydmgedaglat
MAI Environmental SeMon
Aflactnteaft
Fgurm 1—Soil Vapor Inveetlgallon Areas
Figure 2 -Preliminary AFF Solt Vapor Sampling Locacons
Figure 5—Typical Soil Veper Sampling Delail
cc: Sood%fa ttier, WEEP
Paul Blood; MEDEP
Rohan SmIterwskl, MEDEP
Change Mitchell, City of Bangor
John Hamer, City of Berger
Rebecca Hupp, Bangor Innrnatlonal Airport
Rodney Madden, Berger Intematlonel Alrporl
David Van Slyn. Prell Flehedy
$v Gem,dcKAm ora, Cue. • and Mein 6S Suite • Wtttbmek, Melee 0+692 1 Td Ibcwe"491�73
Ran Nme I Elantiora
Present Values ns of Pm Operation Dale:
29 -De
A)Capnal&OMer OnsTime Casts
$0
B Annually Re<uMM9 Costs
$19.422
C Initial Project Value (A+B)
$19.422
D) Final Prot. Value at Penalty Payment
Date:
1 -Mar -07
$217"
Not -For -Profit, mfkh paysrm taxes
0.00%
Discount Rate
540%
Ca hal investment:
Cost Eshmats
$0
Estimate Date
NI
Inflation Rate
NI
One -Time, Nonaepreclaole E enEiWre:
Cost Estimate
$
Estimate Date
NIA
Iniiahon Rate
N/
Tax DeduMleP
NI
Annual CosR:
Cost Eaamate
$19,616
Estimate Date
19-11OVA4
Imafion Rate
270%
Numifer of orediteh Years
1
MEMORANDUM
TO:
Patti Dubois, City Clerk
FROM:
Terri Corey, Legal Departinent
RE:
BIB/Public Services/EPA Consent Agreement
DATE:
December 16, 2004
Enclosed Please find an executed copy of the Consent Agreement and Final
Order In the Matter of the City of Bangor, EPA Docket Nos. RCRA-01-2003-
0042/CWA01-20040055/RCRA-01-2004-0098, dated November 19, 2004. The
execution of this document was approved by the City Council on November 8, 2004
pursuant to Council Order #05-14. For reference purposes, see also Council Order
#004118 adopted by the Council on April 12, 2004 authorizing the Scope of Work for
environmental investigation at the Airport as an attachment to the Consent Agreement
and Order.
If you have any questions, please Call me.
tK
-Enc
PC: Rebecca Hupp, BIA Director
Dau Wardwell, Public Services Director
James Ring, I&DS Director
Run Name •Ban r1
Present Values as of Pio'ed Operni Date:
29-Dti
A Ca Bal8Olhef One -Time Costs
$
BpAnnuall Rei Caste
85])4
C Inil'al Pitted Value At')
55],14]
Panel Prot. Value at Penalty Payment
Dare:
19-Dec�OS
880888
Nof-FOFPmOq which moVS no foxes
000%
Dismount Rata
5.40%
Capital Investment
Con Estimate
50
EsBmale Data
NI
Inflatl0n Rate
NI
One -Time. NormentenclableE stromni
Cost Estimate
$
Estimate Dale
NIA
Inflation Rete
NIA
Tax Dedudii
NIH
Annual Goals'
Cost Estimate.
$58,331
Emmale Date '
19 -Nov -Da
InflationRde
2]0%
Number of Combat Years
i
Run Ram ,Ban or
es as of Pro ect Operation Data.29-0e
04Baar
On Tlme Costs
$0ecuts
Rilaun
Costs
$96,996act
Value A+B
.$9$996.
Value a Penalty Payment
19-1)ec06
$109,976
Not-For-Pmfit vnmh no faxes
000%
Discount Rate
540%
Ga iml lrrvestment
Cost EaGmate
$U
Estimate Dale
NI
Intlenon Rate
NI
One-Time, NOndepreaabk Expenditure:
Coal Estimate
E56mala Date
IiMaticn RateTax
DeduUible4
MNIA
Annual Gosts
"'I'monRare
2,70%
Numberof Cmdiled Years
1
i
� Y
sqlql
\ %is\O�' ;°°°' u oM TANK1
� I
3RS �
\\;
,w
Attachment C
Scope of Work
Supplemental Environmental Project
City of Bangor Biodiesel Fuel Conversion (`Biodiesel SEP").
A. Supplemental Environmental Project Description
1. The City ofBangor("City) uses approximately 250,000 gallons of petroleum diesel
per year to fuel its city -owned public works heavy aluipment vehicles and passenger buses
(collectively, "City Vehicles'). - _
2. By April 29, 2005, the City shell switch 6om petroleum direct fuel to a biodiesel fuel
(B-20) for all City diesel fuel-powerd vehicles and shall use B-20 for an estimated twenty-two
month period. At any time during the course of the SEP, the City may also provide biodiesel act
to convscmnowned and operated diesel vehicles, and provided that such fuel is used solely in
correction with services provided to the City by such contractors, such fuel use shall be
rvadewil apart of this SEP. Collectively, the City -owned and operated diesel vehicles and any
participating contractor -owned and opmeted diesel vehicles shell be called "City Vehicles" for
purposes of put SEP. B-20 biudiesel(a 20 percent biodiesel and 80 percent petroleum diesel
hired) is expected to reduce emissions from City Vehicles by up to the following percentages as
compared to using 100% petroleum diesel: -
Ems
Pacermose Reduetlon
Total hydrocarbon emissions
21%
Particulate emissions
5-10il,
Carbon monoxide missions
11%
3. This Biodiesel SEP involves paying for the difference in cost between the petroleum
diesel fuel and would have been purchased by the City and the Biodiesel fuel to be purchased by
the City.
4. The City shall pay stipulated presides in accordance with paragraph 38.b ofthe
Consent Agreement and Fired Order C`CAFO")' if it fails to stmt the SEP by April 29, 2005,
unless cimureames outlined in Paragraph 8, below, apply.
In the Manff the ClryofBangar. Mavis, OackaNa. BCRA-01-1003-00421CWA-0I-20bi-
0055 RM 01-2004-0098
5. The City shall spend the present value of $165,4322 (hereinafter the 'SEP Amount),
over the estimated twenty-two month period that the SEP will be conducted. This amount is
based on the following assumptions:
a The fuel switch world start no labor than April 29, 2005 and end no later than April
29,2009; -
b. Yearly fact use for City Vehicles is approximately 250,000 gallons;
c. Biodieselfuel wade approximately $0.40 per gallon more then the diesel fuel
currently in use';
d. On a monthly basis, based on current pricing, the cosY'difference between petroleum
diesel and biodiesel fuel used for City Vehicles is approximately $8,333; and
e. Based on the assumptions above, the SEP Period will be twenty-two(22)months.
6. The SEP Amount and SEP Period shall be recalculated using the EPA's PROJECT
Model if the fuel price differential or Respondent's diesel consumption rate changes more then
25% ova a period of twelve months, prior to the fall SEP expenditure being completed.
]. This SEP shall not require the City m spend more than the SEP Amount for biodiesel
fuel. The City may revert to the use ofpetmleum diesel fuel for City Vehicles once all SEP
'expenditures have b«v made.
8. Is the event that the City, in its reasonable discretion, determines that either: (i) B-20
biodiesel fuel causes City Vehicles to malfunction dm W cold weather or other condition beyond
the City's control, or (E) any of the fuel consumption or price differential assumptions listed in
Paragraph A(5) change sufficiently so Nat the SEP cannot be completed within forty-eight
months (April 29, 2009), the City may, noun five (5) days written entice to EPA, chose one of
the following options:
a. Cash Phymew Option: Pay the unexpended amount' to the U.S. Treasury, plus
interest which shall bat assessed for the Clean Water Act portion of the unexpended
amount a5 specified m Paragraph 41 of the CAPO, following the paymem directions in
Pea®aph I1 of the CAFO; or -
Buel on Ne Mown ho omadon pravidol by RapaMvn and uaiog EPAY PROJECT Model
am /lrv,w.e a. v/ els'-o roulwlate no devalue of money. Rapondmt is
required la rpa1g0,092 NrcugM1lM1eeN oftbe SEP pubtl inoNvmpey Ne prowl value ofNe9@'. Su Amtlment C,
Ekbibit 1. Prcsvnvalue is cetasoffMdap utivroe siSninBOFW<PNal Ordv wiNin NeCMO.
sim
The one deatiel estimative price ofbiediesd and paroleum diesel will lilielybereduced
andvtheAmvican Jobs Creation Art, P.L. IM356 Ant. 21,2004), which rWuces Rdwal news on biWiael. The
now become eBecfive oa Deomnber 31, 20(14.
4 IM unexpended mmart And be calculated by reeving the EPA PROJECT Model on the amount
of SEP pa ands made by the City( PROJECT Value of A), subkacMg PROJECT value of no Chy'a Paymmb
.firm now present SEP value ofS165,432 (($165,432-PR(sJECT Value of A) - B), and running the PROJECT
Model on the remaining unpaid balmce to determwe how much of cash payment is owed(PROMCT Value of B).
b. Alternative SEP Option: Spend the unespend(d amohrd by paying for the cost
differeuoe associated with using biodiesel fuel to beat any of the City's buildings, which
are currently being heated with No. 2 heating oil. -
B. Repotting
1. On November 29' and May 20 of every year during the implementation of the
SEP and until completion of the SEP, the City shall submit a progress report describing: -
a. 110 actions that the City has taken Or comply with ibis SEP Scope of Work;
b. Ifthe City has not complied with my obligation or deadline in this. SEP Scope of
Work, the reason therefor and the stage Chet have been and will be taken m
minimize the violation;
C. The expected course of work veded to comply with theme SEP Scope of Work
obligations and deadlines during the subsequent progress reporting period;
d Alist of itemized costs, documented by copies of invoices and receipts or
canceled cheeks, with regard to expenditures inwards the SEP Amomd; and
t. A recalculation of the SEP ezpeadimre using EPA's PROJECT Model if the fuel
price differemial or Respondent's diesel consumption rate, as listed in PmagaPh
_ A(5), above, changes more than 25% over the previous twelve months, as
discussed in Paragraph A(6), above.
2. By aaty(60) days after SEP completion, the City sball submit a SEP Completion
Report containing the following im'bruation:
a. A detailed description of the SEP as implemented;
b. Adeseription of any Problems encountered and the solutions hereto;
c A Jig of itemized costs, documenld by copies of imOkss and receipts or
canceled checks, with regard to expenditures towards the SEP Amount;
d. Certification that the SEP has beenfully implemented pursuant to the Provisions
of this Scope of Work; and
e. A description of the environmental and public health benefits resulting from the
implementation of the SEP (with quantification of the benefits and pollutant
reductions, if feasible).
F"e no, a gaenod from 1130 IvM40 Ocmba 29.
For Me upmdng Puan nom WOW 301Fmush A s2%
ExhibG 1
PROJECT Calculation of Present Value of SEP
The information and assumptions used by EPA in calculating the value Presem value Of the SEP.
is as follows:
Project Operation Date (the dale the settlement payment would be due if the settlement is signed
on Nov. 19, 2004)- December 29, 2004
Inflation Rate: 2.7
Estimate Date (the Project Operation Date): December 29, 2004
Start ofthe l ibdiew1 purchases: Apri129, 2005
Average monthly expenditure by the City: $8,333%month
th Yeas I of the SEP (see mteched'Bangor P shut) there are only seven months of fuel
purchases between April 29 2005 and December 29, 2005. Therefore, based on the Citys
estimate of$8,333/month, the City will spwad$58,331. The PROTECT model calculated thatthe
City would have to have spent $60,866 m equal a present value of$58,331. Therefore, for the
Year 1 period the City would need to spend an extra $2,535 (at the end of the Project).
In Year 2 of the SEP (see atlacheri Bangor 2" sheet) the City will have twelve months of fuel
purchases (between Deenumber 30, 2005 and Decer flar 29, 2006), resulting in the City spending
$99,996 for the year. The PROJECT model calculated that the City would have to have spent
$109,976 to equal a present value of $99,996. Therefore, for the Year 2 period, the City would
need to spend an extra $9,980 (at the end of the project).
Year 3 is the final year of the SEP (see lexached "Bangor 3" sheet). In the first two years the City
wi8 nave spent $158,329. Therefore to Yew 3 the City will have to spend $7,103 ($165,432 -
$I58,329)+$2,535 flwmowed from Year 1)+$9,980(exna owed from Year 2)=$19,618
The PROJECT Model calculated that the City wouldhave to spend $21,770 to equal the
$19,618.
The total City expenditure would be $58,331 (Year 1)+$99,996 (Year2) + $21,770 (Yew 3)=
$180,090
Based on the Citys expenditure We of $8,333/month the City will need to buy biodiesel for 21.6
months or =61 February 2007.