UNITED STATES ENVIRONMENTAL PROTECTION AGENCYREGION I /f"

In the Matter of:

SOLVENTS RECOVERY SERVICE OFNEW ENGLAND, INC. SUPERFUND SITE

Southington, Connecticut

Proceedings Under Sections 104(a) &(b); 106(a); and 122(a) & (d)(3)of the Comprehensive EnvironmentalResponse, Compensation, and LiabilityAct, as amended 42 U.S.C. §§ 9604(a)& (b); 9606(a); and 9622(a) & (d)(3)

U.S. EPA Region ICERCLA Docket No.I- 97-1000

ADMINISTRATIVE ORDERON CONSENT FORREMOVAL ACTION ANDREMEDIALINVESTIGATION/

FEASIBILITY STUDY

u

TABLE OF CONTENTS for the

ADMINISTRATIVE ORDER ON CONSENT FOR REMOVAL ACTION AND REMEDIAL INVESTIGATION/FEASIBILITY STUDY

Docket # 1-97-1000

I. JURISDICTION AND GENERAL PROVISIONS 1

II. PURPOSE 2

III. PARTIES BOUND 2

IV. DEFINITIONS 3

V. EPA'S FINDINGS OF FACT 4

VI. EPA'S CONCLUSIONS OF LAW AND DETERMINATIONS 8

VII. ORDER 9

VIII. DESIGNATION OF SUPERVISING CONTRACTOR AND PROJECT COORDINATOR 9

IX. DESIGNATION OF EPA COORDINATOR 10

X. WORK TO BE PERFORMED: COMPLETION OF WORK 10

XI. COORDINATION AND COOPERATION WITH OTHER RESPONSE ACTIONS 11

XII. ADDITIONAL RESPONSE ACTIONS 12

XIII. PROGRESS REPORTS 13

XIV. DELIVERABLES SUBMITTED TO EPA 13

XV. INCORPORATION AND ENFORCEABILITY OF DOCUMENTS 15

XVI. SITE ACCESS 16

XVII. QUALITY ASSURANCE/SAMPLING 16

XVIII. OBSERVATION OF THE WORK: ACCESS TO INFORMATION: RECORD PRESERVATION: CONFIDENTIALITY CLAIMS 17

XIX. CREATION OF DANGER: EMERGENCY RESPONSE 18

XX. OFF-SITE POLICY 19

XXI. FINANCIAL ASSURANCE: INSURANCE 19

XXII. FORCE MAJEURE 20

XXIII. DISPUTE RESOLUTION 21

XXIV. STIPULATED PENALTIES 21

XXV. INDEMNIFICATION 23

XXVI. WAIVER OF SETTLEMENT CONFERENCE 24

XXVII. COVENANT NOT TO SUE 24

XXVIII. EPA'S RESERVATION OF RIGHTS 25

XXIX. CONTRIBUTION PROTECTION 26

XXX. OTHER CLAIMS 26

XXXI. AMENDMENTS 26

XXXII. OTHER APPLICABLE LAWS 26

XXXIII. COMMUNITY RELATIONS 27

XXXIV. PUBLIC REVIEW OF RI/FS REPORT 27

XXXV. STUDIES REQUESTED TO BE PERFORMED BY RESPONDENTS 27

XXXVI. PLACE AND MANNER OF NOTICE 27

XXXVII. EFFECTIVE DATE 28

Appendix I - List of Respondents Appendix II - Map of Site

Attachment A - Statement of Work for NTCRA2 Attachment B - Statement of Work for Remedial Investigation/Feasibility Study Attachment C - Sampling Policies

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION I

In the Matter of:

SOLVENTS RECOVERY SERVICE OF U.S. EPA Region I NEW ENGLAND, INC. SUPERFUND SITE CERCLA Docket No.

I- 97-1000

Southington, Connecticut

Proceedings Under Sections 104(a) & (b); 106(a); and 122(a) & (d)(3) ADMINISTRATIVE ORDER of the Comprehensive Environmental ON CONSENT FOR Compensation, and Liability REMOVAL ACTION AND

Act, as amended 42 U.S.C. §§ 9604(a) REMEDIAL & (b); 9606(a); and 9622(a) & (d)(3) INVESTIGATION/

FEASIBILITY STUDY

I. JURISDICTION AND GENERAL PROVISIONS

1. This Administrative Order On Consent For Removal Action and Remedial Investigation/Feasibility Study ("Order") is entered into voluntarily by the United States Environmental Protection Agency ("EPA") and the Respondents listed on Appendix A ("Respondents"). This Order concerns the performance of a removal action and completion of a remedial investigation and feasibility study by the Respondents in connection with the Solvents Recovery Service of New England, Inc. Superfund Site in Southington, Connecticut. This Order is issued pursuant to the authorities vested in the President of the United States by Sections 104(a) and (b); 106(a); and 122(a) and (d)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended ("CERCLA"), 42 U.S.C. §§ 9604(a) and (b); 9606(a); and 9622(a) and (d)(3). These authorities were delegated to the Administrator of EPA on January 23, 1987 by Executive Order 12580, 52 Fed. Reg. 2926 (January 29, 1987), and further delegated to the Regional Administrator, EPA Region I by EPA Delegation Nos. 14-14-A and 14-14-C. The Regional Administrator delegated these authorities to the Director, Office of Site Remediation and Restoration on September 29, 1995 and June 30, 1995 by EPA Region I Delegation Nos. 14-14-A and 14-14-C respectively.

2. EPA notified the State of Connecticut of this action on June 16, 1995 pursuant to Sections 104(b)(2) and 106(a) of CERCLA, 42 U.S.C. §§ 9604(b)(2) and 9606(a). EPA notified the Federal Natural Resource Trustees of this action on June 16, 1995 pursuant to Section 122(j) of CERCLA, 42 U.S.C. § 9622(j).

3. In consenting to this Order, Respondents reserve all rights and claims with respect to parties not signatories to this Order or with respect to all matters not directly addressed in this Order. Additionally, Respondents reserve all defenses not expressly waived by this Order. In consenting to this Order, the Respondents do not admit any liability, nor do the Respondents admit the truth of any factual allegation in this Order or in connection with the Site or this matter, or acknowledge that any release or threatened release of hazardous substances at or from the Site constitutes an imminent or substantial endangerment to the public health, welfare, or the environment. The Respondents agree to comply with and be bound by the terms of this Order. The Respondents further agree that they will not contest the basis or validity of the Action Memorandum (defined below), or this Order or its terms.

n. PURPOSE

4. In entering into this Order, the mutual objectives of EPA and the Respondents are to perform removal activities (the "Removal Action") at the Solvents Recovery Service of New England, Inc. Superfund Site in Southington, Connecticut, as set forth in the Action Memorandum signed by the Regional Administrator on June 1, 1995, and the Statement of Work appended to this Order as Attachment A. In addition, this Order requires the Respondents to complete a Remedial Investigation/Feasibility Study ("Remedial Investigation/Feasibility Study" or "RI/FS") for the Site pursuant to 40 C.F.R. 300.430. Finally, this Order seeks to resolve the contribution counterclaims or claims in recoupment that have been or could have been asserted against the United States by the Respondents, as provided in Paragraph 101.

m. PARTIES BOUND

5. This Order shall apply to and be binding upon EPA, upon the Respondents and Respondents' heirs, successors, and assigns. Any change in ownership or corporate status of a Respondent including, but not limited to, any transfer of assets or real or personal property shall in no way alter such Respondent's responsibilities under this Order. Respondents are jointly and severally responsible for carrying out all activities required of them by this Order. The failure of one or more Respondent to comply with all or any part of this Order shall not in any way excuse or justify noncompliance by any other Respondent, including but not limited to the failure to perform all obligations of any defaulting Respondent.

6. The Respondents shall provide a copy of this Order to each contractor hired to perform any work required by this Order and to each person representing any of the Respondents with respect to the Site or the work required by this Order. The Respondents or their contractors shall provide written notice of the Order to all subcontractors hired to perform any portion of the work required by this Order. The Respondents shall nonetheless be responsible for ensuring that their contractors and subcontractors perform the work contemplated herein in accordance with this Order.

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IV. DEFINITIONS

7. Unless otherwise expressly provided herein, terms used in this Order which are defined in CERCLA or in regulations promulgated under CERCLA shall have the meaning assigned to them in CERCLA or in such regulations. Whenever terms listed below are used in this Order or in the appendices attached hereto and incorporated hereunder, the following definitions shall apply:

a. "Action Memorandum" shall mean the EPA Action Memorandum relating to the Solvents Recovery Service of New England, Inc. Superfund Site signed on June 1, 1995, by the Regional Administrator, EPA Region I, and all attachments thereto.

b. "CERCLA" shall mean the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. §§ 9601 et seq.

c. "CT DEP" shall mean the State of Connecticut Department of Environmental Protection and any successor departments or agencies of the State.

d. "Day" shall mean a calendar day unless expressly stated to be a working day. "Working day" shall mean a day other than a Saturday, Sunday, or Federal holiday. In computing any period of time under this Order, where the last day would fall on a Saturday, Sunday, or Federal holiday, the period shall run until the close of business of the next working day.

e. "EPA" shall mean the United States Environmental Protection Agency and any successor departments or agencies of the United States.

f. "Navy" shall mean the United States Department of the Navy.

g. "National Contingency Plan" or "NCP" shall mean the National Oil and Hazardous Substances Pollution Contingency Plan promulgated pursuant to Section 105 of CERCLA, 42 U.S.C. § 9605, codified at 40 C.F.R. Part 300, including, but not limited to, any amendments thereto.

h. "Order" shall mean this Administrative Order On Consent For Removal Action and Remedial Investigation/Feasibility Study and all attachments and appendices attached hereto.

I. "Paragraph" shall mean a portion of this Order identified by an arabic numeral or an upper case letter.

j. "Parties" shall mean EPA and the Respondents.

k. "Remedial Investigation/Feasibility Study" or "RI/FS" shall mean all activities that the Respondents are required to perform under this Order to complete the Remedial

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Investigation/Feasibility Study conducted pursuant to 40 C.F.R. 300.430; provided however that the term "Remedial Investigation/Feasibility Study" or "RI/FS" shall not include those activities required by Paragraph 71 (concerning Record Preservation).

1. "Removal Action" shall mean all activities that the Respondents are required to perform under this Order to implement the Action Memorandum, including, but not limited to, design and implementation of the Removal Action; provided however that the term "Removal Action" shall not include those activities required by Paragraph 71 (concerning Record Preservation).

m. "Respondents" shall mean those Parties identified in Appendix I and their heirs, successors, and assigns.

n. "Section" shall mean a portion of this Order identified by a roman numeral.

o. "Site" shall mean the Solvents Recovery Service of New England, Inc. Superfund Site, encompassing approximately 45 acres of land, located on Lazy Lane in Southington, Connecticut, including the areal extent of contamination resulting from SRSNE operations.

p. "State" shall mean the State of Connecticut.

q. "Statement of Work" or "SOW" shall mean the statement of work to design and implement the Removal Action and to complete the Remedial Investigation/Feasibility Study, as set forth in Attachment A and B, respectively, to this Order and any modifications made in accordance with this Order.

r. "United States" shall mean the United States of America.

s. "Waste Material" shall mean (1) any "hazardous substance" under Section 101(14) of CERCLA, 42 U.S.C. § 9601(14); (2) any pollutant or contaminant under Section 101(33) of CERCLA, 42 U.S.C. § 9601(33); and (3) any "solid waste" under Section 1004(27) of the Solid Waste Disposal Act, as amended, 42 U.S.C. § 6903(27).

V. EPA'S FINDINGS OF FACT

A. Site Description and History

8. The Solvents Recovery Service of New England, Inc. Superfund Site ("Site") is located on approximately 45 acres of land on Lazy Lane in the Town of Southington, Connecticut. The Site is located approximately fifteen miles southwest of Hartford, Connecticut. The approximate geographic coordinates for the Site are as follows:

Latitude 41 degrees 37' 12" North

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Longitude 72 degrees 52' 42" West

A map, generally depicting the Site, is attached as Appendix II.

9. In 1955, SRS, Inc. ("SRS") began operating a hazardous waste treatment, storage and disposal facility ("SRSNE facility") on a portion of the Site. In 1960, SRS transferred the SRSNE facility to Solvents Recovery Service of New England, Inc. ("SRSNE").

10. From 1955 until 1988, the primary activities of SRS and SRSNE at the Site (jointly referred to as "SRS/SRSNE") were the distillation of spent solvents for recovery and resale. From 1988 until 1991, SRSNE's primary activity at the Site was fuel blending and waste transfer operations. During the entire period of operations from 1955 until 1991, SRS/SRSNE stored Waste Materials in tanks, drums and other containers at the Site. At times during this period, leaks and spills from these tanks, drums and other containers contaminated the soil and groundwater at the Site.

11. Between 1955 and 1967, SRS/SRSNE stored and/or disposed of Waste Materials in two unlined lagoons at the Site. From about 1967 until 1974, SRSNE used an open-pit incinerator at the Site to dispose of Waste Materials.

12. SRSNE also discharged storm water, surface runoff and water from the cooling towers and from the distillation processes and drum cleaning operations, which contained Waste Materials, through a storm drain which ran eastward from its main plant building to a drainage ditch and ultimately into a tributary of the Quinnipiac River.

13. Waste Materials remain in the soil and groundwater at the Site. Waste Materials from the Site which have entered the groundwater have migrated, and continue to migrate, contaminating soil and groundwater to the south and east of the SRSNE facility.

14. There is a residential community located near the Site. There are approximately 40 to 60 residences that rely on private drinking water wells located within a one-mile radius of the Site.

15. Pursuant to Section 105 of CERCLA, 42 U.S.C. § 9605, EPA placed the Site on the National Priorities List, set forth at 40 C.F.R. Part 300, Appendix B, by publication in the Federal Register on September 8, 1983, 48 Fed. Reg. 40658.

B. Respondents

16. Each of the Respondents is an individual, corporation, commercial entity or public entity that allegedly did business with SRS and/or SRSNE.

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17. Each of the Respondents, allegedly arranged, or had a corporate relationship with a person that arranged, for the disposal or treatment of hazardous substances at the Site, or accepted, or had a corporate relationship with a person that accepted, hazardous substances for transport to the Site.

C. EPA and State Activities and Environmental Status of Site

18. In 1977 and 1979, the Town of Southington shut down two of its public drinking water wells due to the presence of elevated levels of volatile organic compounds ("VOCs"). These two wells are located approximately 1,900 and 1,300 feet south of the SRSNE facility.

19. From 1979 until the present, EPA has brought several enforcement actions in order to compel SRSNE, among other things, to abate and/or remediate the contamination of soils, groundwater, and surface water in, at, or from the Site. In 1983, SRSNE, EPA and others entered into a Consent Decree which required SRSNE, among other things, to construct a network of wells (the "On-Site Interceptor System") at the Site in order to reduce the migration of contaminated groundwater from the SRSNE facility, and to construct a cooling tower/air stripper to remove contaminants from the groundwater captured by the On-Site Interceptor System. In 1986, SRSNE began operating the On-Site Interceptor System and the cooling tower/air stripper at the Site. In October 1994, the On-Site Interceptor System at the Site ceased operation.

20. Between 1980 and 1990, EPA conducted several investigations of the Site. In the Spring of 1990, EPA commenced a Remedial Investigation/Feasibility Study for the Site pursuant to 40 C.F.R. § 300.430. It is this RI/FS that will be completed pursuant to this Order. In 1992, EPA performed a time-critical removal action at the Site. During this removal action, EPA excavated and disposed of contaminated sediments from two catch basins at the Site, excavated and disposed of PCB-contaminated sediments from a drainage ditch, constructed covered drains in the ditch, erected fencing, and disposed of drums containing decontamination water resulting from previous field investigations at the Site.

21. In 1992, EPA commenced an Engineering Evaluation/Cost Analysis ("EE/CA I") to evaluate alternatives that may be implemented as a non-time-critical removal action, i.e.. a response action which has at least a six month planning period after EPA's decision to respond and prior to initiation of the action, pursuant to 40 C.F.R. § 300.415(b)(4)(I). After a public comment period, EPA issued a First Action Memorandum for the Site on April 1, 1993, which required (a) the implementation of a groundwater containment and treatment system to prevent the migration of contaminated groundwater in the overburden aquifer; and (b) the performance of certain soil studies which will provide EPA with information for its use in planning and directing future response actions at the Site. This work is currently being conducted by the respondents to a prior Administrative Order (CERCLA Docket No. 1-94-1045).

22. In 1994, EPA commenced a Second Engineering Evaluation/Cost Analysis ("EE/CA2") to evaluate further alternatives that may be implemented as a non-time-critical

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removal action, pursuant to 40 C.F.R. § 300.415(b)(4)(I). After a public comment period, EPA issued a second Action Memorandum for the Site on June 1, 1995, which requires (a) the implementation of a groundwater containment and treatment system to minimize the migration of contaminated groundwater in the bedrock aquifer; and (b) the repair and repavement of the existing asphalt on the site and installation of additional asphalt on bare areas.

23. The data collected during initial investigations has revealed elevated levels of the following hazardous substances in the groundwater beneath the Site:

vinyl chloride Styrene 1,1,1-Trichloroethane Barium 1,1-Dichloroethene Beryllium Carbon tetrachloride Chromium Trichloroethene Lead Toluene Cadmium Ethyl Benzene Arochlor 1254 Arochlor 1260

24. The data collected during initial investigations also has revealed elevated levels of the following hazardous substances in the soils beneath the Site:

1,1,1-Trichloroethane Arochlor 1254 1,1-Dichloroethene Lead Trichloroethene Barium Toluene Beryllium Ethyl Benzene Cadmium Styrene Chromium

D. Endangerment and Response

25. All of the hazardous substances listed in Paragraph 23 above have been detected in the groundwater at levels in excess of their Maximum Contaminant Levels ("MCLs"), non-zero Maximum Contaminant Levels Goals ("MCLGs") or Action Level (for lead), established under the Safe Drinking Water Act. Under certain circumstances, the hazardous substances present in the groundwater are toxic and dangerous by way of contact, inhalation, or ingestion.

26. As long as elevated levels of contamination remain in the soils and groundwater at the Site, and contaminated groundwater continues to migrate, the private drinking water wells near the Site may become contaminated in the future and residents that rely on these wells may be exposed to contaminated drinking water through ingestion, inhalation or dermal contact and that exposure may pose dangers to human health and the environment.

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27. The Removal Action specified in the Action Memorandum signed by the Regional Administrator, EPA Region I, on June 1, 1995, and as detailed in the Statement of Work appended to this Order, is designed to minimize the migration of contaminated groundwater in the bedrock aquifer. By minimizing the migration of contaminated groundwater, this Removal Action will prevent, minimize, and/or mitigate the imminent and substantial endangerment to the public health or welfare or the environment posed by the actual or potential releases of hazardous substances from the soils and groundwater at the Site.

VI. EPA'S CONCLUSIONS OF LAW AND DETERMINATIONS

On the basis of the Findings of Fact set forth above and the administrative record supporting this Removal Action, EPA makes the following Conclusions of Law and Determinations:

28. The Solvents Recovery Service of New England, Inc. Super-fund Site is a "facility" as that term is defined in Section 101(9) of CERCLA, 42 U.S.C. § 9601(9).

29. Each Respondent is a "person" as that term is defined in Section 101(21) of CERCLA, 42 U.S.C. § 9601(21).

30. Each Respondent is a liable party within the meaning of Section 107(a) of CERCLA, 42 U.S.C. §9607(a).

31. Each substance identified in the Findings of Fact above is a "hazardous substance" as that term is defined in Section 101(14) of CERCLA, 42 U.S.C. § 9601(14). Each hazardous substance identified in the Findings of Fact above is present at the Site.

32. The conditions described in the Findings of Fact above constitute an actual or threatened "release" into the "environment" within the meaning of Section 101(8), (22) of CERCLA, 42 U.S.C. § 9601(8), (22).

33. The actual or threatened releases of hazardous substances at or from the Site may pose "an imminent and substantial endangerment to the public health or welfare or the environment" within the meaning of Section 106(a) of CERCLA, 42 U.S.C. § 9606(a).

34. The conditions present at the facility constitute a threat to public health, welfare, or the environment based upon the factors set forth in Section 300.415(b)(2) of the National Oil and Hazardous Substances Pollution Contingency Plan, as amended, 40 C.F.R. Part 300 ("NCP").

35. In order to protect public health and welfare and the environment, and prevent further release or threat of release of hazardous substances in, at or from the Site, the Removal Action is necessary and appropriate. The Removal Action will consist of implementation of this Order and the Statement of Work appended to this Order. The Statement of Work is designed to prevent,

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minimize, and/or mitigate damage to the public health or welfare or the environment which may otherwise result from the release or threat of release of hazardous substances, and was developed in accordance with the criteria set forth at Section 300.415 of the NCP, 40 C.F.R. § 300.415.

36. It is necessary, in order to protect the public health and welfare and the environment, to complete an RI/FS to determine the full nature and extent of contamination that exists at or near the Site and to determine what remedial actions are necessary to be carried out under Sections 104 and 122 of CERCLA or secured through enforcement action under Section 106 of CERCLA.

37. The Removal Action and the RI/FS specified in this Order will be done promptly and properly by the Respondents, and will be consistent with CERCLA and the NCP, if performed in accordance with the terms of this Order, and the Appendices and Attachments and modifications thereto.

VH. ORDER

38. Based upon EPA's jurisdiction, and the foregoing findings of fact and determinations set forth above and the administrative record supporting this Removal Action, EPA hereby orders and the Parties agree that the Respondents shall comply with the provisions of this Order and perform all actions required by the terms and conditions of this Order.

Vm. DESIGNATION OF SUPERVISING CONTRACTOR AND PROJECT COORDINATOR

39. Within seven (7) days after the effective date of this Order, the Respondents shall retain the services of a qualified and experienced Supervising Contractor for the purpose of performing the work required by this Order in accordance with the terms and conditions of the Statement(s) of Work (Attachments A and B). Within the same seven (7) day period, the Respondents shall notify EPA in writing of the name, address, and qualifications of the proposed Supervising Contractor and the name and telephone number of the Supervising Contractor's primary contact person. The Respondents shall also notify EPA of the identity and qualifications of any other contractor(s) or subcontractor(s) to be used at the Site at least fourteen (14) days in advance of their performing any work under this Order.

40. The Supervising Contractor shall be a qualified environmental professional with substantial expertise and experience in the cleanup of hazardous waste sites. EPA reserves the right for good cause to disapprove any contractor or subcontractor or other person engaged directly or indirectly by the Respondents to conduct work activities under this Order. If practicable, EPA will give the Respondents written notice of its disapproval within ten (10) business days after EPA receives notification of the proposed contractor or subcontractor. If EPA disapproves the selection of any proposed contractor, the Respondents shall notify EPA in

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writing of the name, address, and qualifications of another contractor within fourteen (14) days after receipt of the notice of disapproval.

41. The Respondents have designated a Project Coordinator who shall be responsible for administration of all of the Respondents' actions called for by this Order, and have submitted the designated coordinator's name, address, telephone number, and qualifications to EPA. Any change in the Respondents' Project Coordinator shall be subject to disapproval by EPA.

42. EPA will deem the Project Coordinator's receipt of any notice or communication from EPA relating to this Order as receipt by the Respondents.

EX. DESIGNATION OF EPA COORDINATOR

43. EPA designates Sheila Eckman as its Remedial Project Manager ("RPM") for administration of its responsibilities for oversight of the day-to-day activities conducted under the Order, for receipt of all written matter required by the Order, for making all the findings of approval/disapproval, and for providing comments on all major project deliverables.

44. EPA's RPM shall have the authority vested in the Remedial Project Manager and the On-Scene Coordinator by the NCP, including but not limited to the authority to halt, conduct, or direct any work required by this Order, or to direct any other response actions undertaken at the Site not required by this Order. Absence of the RPM from the Site shall not be cause for stoppage of work unless specifically directed by the RPM.

X. WORK TO BE PERFORMED; COMPLETION OF WORK

45. Upon retention of the Supervising Contractor, the Respondents shall commence the work detailed in the Statement of Work (SOW) Attachment A to perform the Removal Action and meet the Performance Standards specified in the Action Memorandum and the SOW, and begin the work on the RI/FS as specified in the SOW Attachment B. As detailed in the Statement(s) of Work, the Respondents shall (a) design and implement a groundwater containment system to minimize the migration of contaminated groundwater in the bedrock aquifer at the Site; and (b) complete an RI/FS for the Site in accordance with 40 C.F.R. 300.430. The groundwater extracted from the NTCRA 2 containment system shall be treated in the existing NTCRA 1 treatment system. All work performed by the Respondents shall be conducted in accordance with CERCLA, the NCP, applicable guidance documents provided by EPA in advance of any activity to which the guidance documents relate (including but not limited to: Interim Guidance on Superfund Selection of Remedy, OSWER Directive No. 9355.0-19 and the Guidance for Conducting Remedial Investigation and Feasibility Studies under CERCLA, OSWER Directive Number 9355.3-01), and the provisions of this Order including any standards, specifications, and time schedules contained in the Statement of Work or other plans or deliverables approved or certified pursuant to this Order. In the event of a conflict between this Order and any such guidance documents, the terms of this Order shall govern.

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46. Within forty-five (45) days after completing all work required under this Order, the Respondents shall submit for EPA approval a Completion of Work Report summarizing the activities conducted pursuant to the Statement(s) of Work. The Completion of Work Report shall include, where applicable, the categories of information and conform to the requirements specified in Section 300.165 of theNCP entitled "OSC Reports" and relevant Sections of the Statement(s) of Work. The Completion of Work Report shall also include the following certification signed by a person who supervised or directed the preparation of that report:

"Under penalty of law, I certify that to the best of my knowledge, after appropriate inquiries of all relevant persons involved in the preparation of the report, the information submitted is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."

47. When EPA determines that all work has been fully performed in accordance with this Order (with the exception of all continuing obligations required by this Order, including record preservation), and that the Performance Standards in the Statement(s) of Work have been attained, EPA will provide written notice to the Respondents. If EPA determines that all removal and RI/FS activities have not been completed in accordance with the provisions of this Order, it will so notify the Respondents and provide a list of the tasks remaining and a schedule for their completion. If practicable, EPA will provide such notification to the Respondents within sixty (60) days after receiving the Respondents' Completion of Work Report. The Respondents shall perform all remaining tasks and shall submit an amended Completion of Work Report in accordance with the EPA notice. If upon the Respondents' submittal of the amended Completion of Work Report EPA determines that the remaining tasks have not been completed in accordance with the provisions of the EPA notice and this Order, the Respondents shall be in violation of this Order and subject to stipulated penalties pursuant to Section XXIV, provided that Respondents do not prevail in dispute resolution pursuant to Section XXIII.

XL COORDINATION AND COOPERATION WITH OTHER RESPONSE ACTIONS

48. The Respondents recognize that a ground water containment system constructed by a group of PRPs is currently in operation at the Site. In addition, the Respondents recognize that EPA intends to select a Remedial Action for the Site following completion of the RI/FS, and that the design and construction of the Remedial Action may be performed concurrently with the Respondents' performance of the Removal Action. With respect to all response actions selected by EPA that are performed at the Site during the performance of the Removal Action, and to the extent consistent with the terms of this Order and the attachments thereto, the Respondents agree to coordinate and cooperate fully with EPA, the State, or any other person conducting such response actions. The Respondents further agree not to interfere with the performance of such

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response actions nor to take any actions inconsistent with the performance of such response actions.

49. The Respondents acknowledge that EPA may select a Remedial Action for the Site that may include the continued operation of the ground water containment and treatment system that shall be implemented by the Respondents pursuant to this Order. Upon request by EPA, the Respondents shall transfer to EPA, or any person identified by EPA, any and all of their rights to all buildings, fixtures and equipment that comprise the groundwater containment and treatment system (and shall cause their agents and contractors to transfer to EPA, or any person identified by EPA, all of their rights to such buildings, fixtures and equipment) in order to facilitate the continued operation of the groundwater containment and treatment system subsequent to the Removal Action. In addition, the Respondents shall use best efforts to assist in the smooth transfer of the operation of the groundwater containment and treatment system to EPA or, as directed by EPA, to the State or any person who will be operating all or part of such system under EPA supervision subsequent to the Removal Action. If EPA requests that Respondents transfer any of their rights to any building, fixtures and equipment that comprise the groundwater containment and treatment system, Respondents, upon completion of said transfer, shall have no further obligations to implement such groundwater containment and treatment system pursuant to this Order. Upon completion of said transfer, however, Respondents shall remain obligated to perform all other obligations pursuant to this Order, including, but not limited to, obligations to perform post-removal Site control as detailed in the SOW and completion of the RI/FS.

XH. ADDITIONAL RESPONSE ACTIONS

50. In the event that EPA determines, or the Respondents propose, that additional response actions are necessary to carry out the Removal Action selected in the Action Memorandum or the activities conducted as part of the RI/FS, notification of such additional response actions shall be provided to the Project Coordinator or RPM designated pursuant to this Order as the case may be. Additional response actions related to the NTCRA 2 may be required only to the extent they are consistent with the response action selected in the June 1, 1995 Action Memorandum, as further detailed in the NTCRA2 SOWs attached thereto. Any additional response actions imposed by EPA pursuant to this Section of the Order shall not include any actions to implement source control or other soil treatment in the Operations Area at the Site, any requirement that Respondents install a bedrock well inside the containment area, or any requirement that Respondents expand the capacity of the NTCRA 1 treatment system. Nothing set forth in the preceding sentence shall limit or alter the Respondents' responsibilities to perform response actions pursuant to Section XIX of this Order (Creation of Danger; Emergency Response).

51. Within 30 days of receipt of written notice from EPA or the Respondents pursuant to Paragraph 50 that additional response actions are necessary (or such longer time as may be specified by EPA), the Respondents shall submit'to EPA and the State, for approval by EPA, after reasonable opportunity for review and comment by the State, a work plan for the additional

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response actions. The plan shall conform to this Order, the NCP, and other guidances identified by EPA in advance of the plan. Upon approval of the plan pursuant to Section XV.A (Deliverables Requiring EPA Approval), the Respondents shall implement the plan for additional response actions in accordance with the schedule contained therein.

52. Any additional response actions that the Respondents propose are necessary to carry out the Removal Action as selected in the Action Memorandum or the RI/FS or as otherwise agreed to by the Parties shall be subject to approval by EPA, after reasonable opportunity for review and comment by the State. If authorized by EPA, the Respondents shall complete all such additional response actions in accordance with plans, specifications, and schedules approved or established by EPA pursuant to Section XV.A(Deliverables Requiring EPA Approval).

53. The Respondents may invoke the procedures set forth in Section XXIII (Dispute Resolution) to dispute EPA's determination that additional response actions are necessary to carry out the Removal Action selected in the Action Memorandum or the RI/FS.

Xm. PROGRESS REPORTS

54. The Respondents shall submit monthly written progress reports to EPA concerning activities undertaken pursuant to this Order as specified in the SOW(s). These reports shall describe all significant developments during the preceding month, including the work performed and any problems encountered, and the developments anticipated during the next calendar month, including the work to be performed, anticipated problems, and planned resolutions of past or anticipated problems. The Respondents shall submit in their monthly progress reports a summary of the results of all sampling and/or tests and all other final compilations of data generated by the Respondents, by their Contractor, or on the Respondents' behalf, pursuant to the terms of this Order.

XIV. DELIVERABLES SUBMITTED TO EPA

55. For deliverables, plans, reports or other items ("Deliverables") which require EPA approval as specified in this Order or the SOW(s), the Respondents shall comply with the procedures set forth in Section XV. A below. For Deliverables which require the Respondents' certification as specified in the SOW(s), the Respondents shall comply with the procedures set forth in Section XV.B below.

56. For all Deliverables, the Respondents shall submit such copies to EPA and the State as specified by the RPM. All Deliverables submitted to EPA or the State pursuant to this Order shall be dated and shall include, in a prominent location in the document, the following disclaimer:

"Disclaimer: This document has been prepared pursuant to a government administrative order (U.S. EPA Region I CERCLA Docket No. I- 97-1000 and has not received final

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acceptance from the U.S. Environmental Protection Agency. The opinions, findings, and conclusions expressed are those of the authors and not those of the U.S. Environmental Protection Agency."

In addition, any such Deliverable which requires EPA approval pursuant to Section XV. A below and which has not received final approval from EPA shall be marked "Draft" on each page.

A. Deliverables Requiring EPA Approval

57. After review of any Deliverable which the Respondents are required to submit for approval pursuant to this Order and Statement of Work, EPA, after reasonable opportunity for review and comment by the State, may: (I) approve the Deliverable; (ii) approve the Deliverable upon specified conditions; (iii) disapprove the Deliverable and notify the Respondents of deficiencies; (iv) disapprove the Deliverable and modify the Deliverable itself to cure any deficiencies; or (v) any combination of the above. In the event of EPA approval, approval upon conditions, or modification by EPA, pursuant to (I), (ii), (iv), or (v) above, the Respondents shall perform all actions required by the submission, as approved or modified by EPA.

58. Upon receipt of a notice of disapproval with deficiencies ([iii] above), the Respondents shall correct the deficiencies and resubmit the Deliverable within thirty (30) days or such other time period specified in the notice of disapproval. In establishing such time period for correcting the deficiencies, EPA will take into account the time required for preparation of the original Deliverable, the extent of revisions required, and the necessity of performing any field work. Notwithstanding a notice of disapproval, the Respondents shall proceed to take any action required by any non-deficient portion of the Deliverable. If EPA does not approve the Deliverable as resubmitted, Respondents shall be in violation of the Order and subject to stipulated penalties pursuant to Section XXIV of this Order, provided the Respondents do not prevail in dispute resolution pursuant to Section XXIII. Upon receipt of a notice of disapproval with deficiencies ([iii] above) with respect to the 100% GROUNDWATER SYSTEM DESIGN, or submittal of the first DEMONSTRATION OF COMPLIANCE REPORT, Respondents shall be in violation of the Order and subject to stipulated penalties both at the time of EPAs initial issuance of a disapproval with deficiencies and if EPA does not approve the Deliverable as resubmitted, provided Respondents do not prevail in dispute resolution pursuant to Section XXII.

B. Deliverables Requiring Respondents' Certification

59. Each Deliverable requiring Respondents' certification as specified in the SOW(s) shall be certified by the Respondents as provided below. Upon submittal to EPA, the Respondents shall proceed with the next scheduled activity consistent with the Deliverable without further notification or approval by EPA. Each such Deliverable shall include the following certification signed by the Respondents' Project Coordinator:

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"I certify, to the best of my knowledge and professional judgment, and after appropriate inquiries of all relevant persons involved in the preparation of this Deliverable, that all guidance documents specified in Attachment C of the Order which relate to this Deliverable were reviewed in preparation of this Deliverable. I further certify that the contents of this Deliverable comply with the requirements of the SOW, Attachment C to the Order, and all guidance documents specified therein which relate to this Deliverable. I am aware that EPA may assess stipulated penalties for submission of a Deliverable that is not in compliance with the requirements of the SOW, Attachment C to the Order, and all guidance documents specified therein which relate to this Deliverable."

60. EPA, at its discretion, may provide comments to the Respondents concerning any Deliverable requiring Respondents' certification, and may disapprove the Deliverable and notify the Respondents of deficiencies. Upon receipt of a notice of disapproval with deficiencies, the Respondents shall suspend performance of all action required by the Deliverable, and shall correct the deficiencies and resubmit the Deliverable within fourteen (14) days or such other time period specified by EPA in the notice of disapproval. In establishing such time period for correcting the deficiencies, EPA will take into account the time required for preparation of the original Deliverable, the extent of revisions required, and the necessity of performing any field work. Notwithstanding a notice of disapproval, the Respondents shall proceed to take any action required by any non-deficient portion of the Deliverable. If EPA disapproves the Deliverable as resubmitted, the Respondents shall be in violation of the Order and subject to stipulated penalties pursuant to Section XXIV of this Order provided Respondents do not prevail in dispute resolution pursuant to Section XXIII.

61. No informal advice, guidance, suggestion, or comment by EPA regarding reports, plans, specifications, schedules, and any other written material submitted by the Respondents shall be construed as relieving the Respondents of their obligation to obtain such formal approval as may be required by this Order.

XV. INCORPORATION AND ENFORCEABILITY OF DOCUMENTS

62. The Statement of Work(s) and all other appendices or attachments to this Order shall be deemed incorporated into, and made an enforceable part of, this Order. Upon approval by EPA pursuant to the procedures of Section XV. A, or upon certification by the Respondents pursuant to Section XV.B, whichever applies, all Deliverables required by or developed under this Order shall be deemed incorporated into, and made an enforceable part of, this Order. In the event of conflict between this Order and any document attached to, incorporated into, or enforceable hereunder, the provisions of this Order shall control.

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XVI. SITE ACCESS

63. Pursuant to a Consent Decree between EPA and the owner and operator of a portion of the Site, in the civil action captioned as U.S.. et al. v. Solvents Recovery Service of New England. Inc.. et al.. Civ. Nos. H-79-704 & H-90-598 (D. Conn.) (the "SRSNE Decree"), EPA, the State, and "any person who performs any selected response action pursuant to an administrative order issued by EPA" has an easement for access at all reasonable times to the portion of the Site property defined as the Southington and Lazy Lane Properties pursuant to the SRSNE Decree. Pursuant to the SRSNE Decree, therefore, the Respondents have been granted an easement to the Southington and Lazy Lane Properties. To the extent access to, use or ownership of, or easements over property including the Site is required for the proper and complete implementation of this Order (and not obtained pursuant to the SRSNE Decree), the Respondents shall use their best efforts to obtain Site access agreements or other interests in the property, in writing, sufficient to allow implementation of this Order within thirty (30) days after the Order's effective date. For purposes of this paragraph, "best efforts" include but are not limited to the payment of reasonable sums of money in consideration of access to property.

64. Such written access agreements or other interests obtained pursuant to the preceding paragraph (other than interests obtained pursuant to the SRSNE Decree) shall provide Respondents, the United States and the State and their representatives, including, but not limited to EPA, CT DEP and their contractors, access to the Site at all reasonable times for purposes of implementing and monitoring work under this Order. Such written access agreements or other interests shall specify that the Respondents are not representatives or agents of the United States or the State with respect to liability associated with the Site.

65. In the event that Site access agreements or other interests sufficient for implementation and monitoring of work under this Order are not obtained within the time period specified above, the Respondents shall notify EPA in writing within three (3) days thereafter regarding the lack of such agreements and the efforts made by the Respondents to obtain them. Lack of access shall not excuse or justify failure to perform any activity or to meet any deadline not requiring or directly dependent upon such access.

66. EPA may, as it deems appropriate, assist the Respondents in obtaining access agreements.

XVH. QUALITY ASSURANCE/SAMPLING

67. The Respondents shall submit to EPA and the State, upon receipt, the results of all sampling or tests and all other data generated by the Respondents, their contractor(s), or on the Respondents' behalf in the course of implementing this Order. The Respondents shall also provide the quality assurance/quality control procedures followed by all sampling teams and laboratories performing data collection and/or analysis.

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68. Upon request, the Respondents shall allow EPA, the State or their authorized representatives to take split and/or duplicate samples of any samples collected by the Respondents while performing work under this Order. Unless otherwise agreed to by the Parties, the Respondents shall notify EPA and the State in writing not less than fourteen (14) days in advance of any sample collection activity. In addition, EPA and the State shall have the right to take any additional samples that they deem necessary.

69. The Respondents shall assure that EPA, the State and their authorized representatives are allowed access to any laboratory utilized by the Respondents in implementing this Order. Upon request, the Respondents shall have a designated laboratory analyze samples submitted by EPA or the State for quality assurance monitoring.

XVm. OBSERVATION OF THE WORK; ACCESS TO INFORMATION; RECORD PRESERVATION; CONFIDENTIALITY CLAIMS

70. EPA will arrange for the oversight and review of the RI/FS by qualified EPA personnel and qualified contractors, in accordance with Section 104(a) (1) of CERCLA. The Respondents shall allow EPA's RPM and EPA and CTDEP employees, agents, consultants, contractors, and authorized representatives to observe the Respondents' work at the Site in implementing the activities pursuant to this Order. Upon reasonable notice, the Respondents shall allow such persons to inspect or shall provide them with copies of all records, documents, and other information generated by the Respondents and their contractor(s) in implementing this Order or which would be available to EPA pursuant to its authority under Section 104(e)(2) of CERCLA, including but not limited to, sampling and analysis records, field sheets and field notes, engineering logs, chain of custody records, contracts, bills of lading, trucking logs, manifests, receipts, reports, and correspondence. In addition, subject to the conditions noted above, the Respondents shall also allow them to: (I) record all RI/FS field activities by means of photographic or other recording equipment; (ii) enter and freely move about all property on or about the Site; (iii) conduct such tests as EPA may deem necessary; and, (iv) verify the data submitted to EPA by the Respondents. In addition, the Respondents' employees, agents, or representatives with knowledge of facts concerning the conditions at the Site as a result of performance of work under this Order shall be made available to EPA to provide such information.

71. For a period of at least nine (9) years following notification by EPA that the Respondents have completed the Removal Action and RI/FS in accordance with this Order, the Respondents shall preserve all documents, records, and information of whatever kind, nature or description in their possession and/or control or that of their officers, employees, agents, accountants, contractors, attorneys, successors and assigns, that relate in any way to the performance of work under this Order, or relate in any way to releases or threatened releases of hazardous substances which are the subject of the Removal Action and RI/FS addressed by this Order. After this nine (9) year period has expired, the Respondents shall provide EPA with sixty (60) days advance written notice prior to the destruction of any such records, documents, or

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information. Any violation of this Section shall subject only the non-complying Respondent to penalties; provided, however, that any failure to comply with this Section by Respondents' contractors may give rise to joint and several penalty obligations under the terms of this Order. The Respondents shall send such notice, accompanied by a copy of this Order, to:

Regional Counsel Office of Regional Counsel U.S. Environmental Protection Agency J.F.K. Federal Building Boston, Massachusetts 02203-2211 Re: Removal Action and RI/FS at Solvents Recovery Service of New England, Inc.

Superfund Site, CERCLA Docket No. I- 97-1000

Upon request, the Respondents and the shall provide to EPA copies of all such non-privileged records, documents, or information.

72. The Respondents may assert a confidentiality claim, if appropriate, covering part or all of the information required by or requested under this Order, pursuant to Section 104(e)(7) of CERCLA, 42 U.S.C. § 9604(e)(7), and 40 C.F.R. § 2.203(b) (1989). The Respondents shall adequately substantiate all such assertions. Analytical and other data specified in Section 104(e)(7)(F) of CERCLA shall not be claimed as confidential by the Respondents. Information determined to be confidential by EPA will be afforded the protection required by Section 104(e)(7) of CERCLA and by 40 C.F.R. Part 2, Subpart B. If no confidentiality claim accompanies the information when submitted to EPA, EPA may make it available to the public without further notice to the Respondents. Notwithstanding the obligations set forth in paragraphs 70 and 71 of this Order to make records, documents or other materials available to EPA, nothing herein shall be construed to be a waiver of any rights Respondents may have to assert the attorney-client privilege or any other privilege recognized under federal law as to those materials, except where such materials constitute analytical and other data specified in Section 104(e)(7)(F) of CERCLA.

XIX. CREATION OF DANGER; EMERGENCY RESPONSE

73. Upon the occurrence of any incident or change of conditions resulting from the Respondents' performance of any activities conducted pursuant to this Order that causes or threatens a reportable release of hazardous substances from the Site or an endangerment to the public health or welfare or the environment, the Respondents shall immediately take all appropriate action to prevent, abate or minimize such release or endangerment. The Respondents shall also immediately notify the RPM or, in the event of his/her unavailability, shall notify the Regional Duty Officer of the Emergency Planning and Response Branch, EPA Region I, telephone (617) 223-7265 and the Connecticut Department of Environmental Protection Oil and Chemical Spill Response Division, telephone (860) 424-3338. In taking any actions under this

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paragraph, the Respondents shall act in accordance with all applicable provisions of the Health and Safety Plan prepared pursuant to the Statement(s) of Work.

74. The Respondents shall submit a written report to EPA within seven (7) days after each incident specified above, setting forth the events that occurred and the measures taken and to be taken to mitigate any release or endangerment caused or threatened by the incident and to prevent the reoccurrence of such an incident.

75. Nothing herein shall limit the power and authority of EPA or the United States to take, direct, or order all actions necessary to protect public health, welfare, or the environment or to prevent, abate, or minimize an actual or threatened release of hazardous substances, pollutants or contaminants, or hazardous or solid waste on, at, or from the Site.

XX. OFF-SITE POLICY

76. All hazardous substances, pollutants or contaminants removed off-Site pursuant to this Order for treatment, storage, or disposal shall be treated, stored, or disposed of at a facility in compliance with Section 121(d)(3) of CERCLA, as determined by EPA and as specified in "Revised Procedures for Implementing Off-Site Response Actions," OSWER Directive Number 9834.11, November 13, 1987.

77. The Respondents shall, prior to any off-Site shipment of Waste Material from the Site to an out-of-state waste management facility, provide written notification to the appropriate state environmental official in the receiving facility's state and to the EPA Project Coordinator of such shipment of Waste Material. However, this notification requirement shall not apply to any off-Site shipments when the total volume of all such shipments will not exceed 10 cubic yards.

78. The Respondents shall include in the written notification the following information, where available: (1) the name and location of the facility to which the Waste Material is to be shipped; (2) the type and quantity of the Waste Material to be shipped; (3) the expected schedule for the shipment of the Waste Material; and (4) the method of transportation. The Respondents shall notify the state in which the planned receiving facility is located of major changes in the shipment plan, such as a decision to ship the Waste Material to another facility within the same state, or to a facility in another state.

XXL FINANCIAL ASSURANCE; INSURANCE

79. Within thirty (30) days after the effective date of this Order and annually thereafter until notification by EPA that the Respondents have completed the Removal Action and RI/FS in accordance with this Order, one (1) or more of the Respondents shall submit to EPA a demonstration that they meet one (1) of the financial assurance mechanisms specified in 40 C.F.R. § 264.143 for the estimated costs of work remaining to be performed by the Respondents under this Order.

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80. At least seven (7) days prior to commencing any on-Site work under this Order, the Respondents shall secure, and shall maintain for the duration of this Order, comprehensive general liability and automobile insurance with limits of one million dollars ($1,000,000), combined single limit. The United States shall be named as an additional insured for all such insurance policies. Within the same time period, the Respondents shall provide EPA with certificates of such insurance and a copy of each insurance policy. If the Respondents demonstrate to EPA that any contractor or subcontractor maintains insurance equivalent to that described above or insurance covering the same risks but in a lesser amount, then the Respondents need provide only that portion of the insurance described above which is not maintained by the contractor or subcontractor. For the duration of this Order, the Respondents shall satisfy, or shall exercise best efforts to ensure that their contractors and subcontractors satisfy, all applicable laws and regulations regarding worker's compensation insurance for all persons performing the work on behalf of the Respondents in furtherance of this Order.

XXII. FORCE MA JEURE

81. The Respondents agree to perform all requirements under this Order within the time limits established under this Order (or as otherwise agreed pursuant to Section XXXI [Amendments]), unless the performance is delayed by force majeure. For purposes of this Order, force majeure is defined as any event arising from causes beyond the control of Respondents or of any entity controlled by Respondents, including but not limited to their contractors and subcontractors, that delays or prevents performance of any obligation under this Order despite Respondents' best efforts to fulfill the obligation. Force majeure does not include financial inability to complete the work or a failure to attain the Performance Standards.

82. If any event occurs or has occurred that may delay the performance of any obligation under this Order for Force Majeure events, whether or not caused by a force majeure event, the Respondents shall orally notify EPA's RPM within 72 hours of the time Respondents first knew that the event might cause a delay. Within five (5) business days thereafter, Respondents shall provide in writing to EPA an explanation of the cause(s) of any actual or expected delay or noncompliance, the anticipated duration of any delay, the measures taken and to be taken by the Respondents to prevent or minimize the delay or correct the noncompliance, and the timetable for implementation of such measures. Failure to notify EPA shall result in a waiver of the Respondents' right to assert that the delay should be excused under the terms of this Section.

83. If EPA determines that a delay in performance of a requirement under this Order is or was attributable to a force majeure event, the time period for performance of that requirement shall be extended by EPA for such time as is necessary to complete that requirement. Such an extension shall not alter Respondents' obligation to perform or complete other tasks required by the Order which are not directly affected by the force majeure event.

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XXIH. DISPUTE RESOLUTION

84. If the Respondents object to any EPA decision made pursuant to this Order, including any decision which has resulted in the assessment of stipulated penalties, the Respondents shall notify EPA in writing of their objections within five (5) working days of receipt of the notice. EPA and the Respondents shall communicate on the disputed matter and shall have fourteen (14) days from the receipt by EPA of the notification of objection to reach agreement. If agreement cannot be reached on any issue within this fourteen (14) day period, the Director, Office of Site Remediation and Restoration, shall provide a written statement of EPA's decision to the Respondents and the Respondents shall implement the activities required by the EPA decision beginning no later than five (5) days after receipt of the EPA statement. Except as specifically provided herein, engagement of dispute resolution among the parties shall not be cause for the delay of any work.

85. In the event that the Respondents do not implement the activities required by the EPA decision, EPA may take such civil enforcement actions against the Respondents as may be provided by statutory or equitable authorities, including, but not limited to, the assessment of such civil penalties or damages as are authorized by Sections 106, 107, 109 and 122 of CERCLA. In such an event, EPA retains the right to perform the Removal Action and RI/FS pursuant to its authority under CERCLA and to recover the costs thereof from the Respondents.

XXIV. STIPULATED PENALTIES

86. Except as provided in paragraph 90, upon receipt of a notice of non-compliance, the Respondents shall be liable for stipulated penalties in the amounts set forth in this Section to EPA for failure to comply with the requirements of this Order specified below, unless excused under Section XXII (Force Majeure). "Compliance" by the Respondents shall include but not be limited to the timely and adequate submission of Deliverables and performance of activities under this Order in accordance with all applicable requirements of law, this Order, the SOW(s), and any Deliverables approved by EPA or certified by the Respondents pursuant to this Order (including, but not limited to, Deliverables that Respondents submit pursuant to Section XXXV [Studies Requested To Be Performed By Respondents] to this Order).

87. The following stipulated penalties shall be payable per violation per day to EPA for any noncompliance except those identified in Paragraphs 88 and 89:

Penalty Per Violation Period of Noncompliance Per Day $ 1,000 1 st through 14th day $2,000 15th through 30th day $3,000 31 st day and beyond

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88. (a) Stipulated penalties in the amounts set forth in subparagraph (c) of this Paragraph shall be payable per violation per day to EPA for the initial submission or resubmission of an untimely or substantially defective 100% GROUNDWATER SYSTEM DESIGN, REMEDIAL INVESTIGATION, FEASIBILITY STUDY or the initial DEMONSTRATION OF COMPLIANCE REPORT, pursuant to the SOWs;

(b) With respect to any resubmission of the 100% GROUNDWATER SYSTEM DESIGN, REMEDIAL INVESTIGATION, FEASIBILITY STUDY or the initial DEMONSTRATION OF COMPLIANCE REPORT, pursuant to the SOWs, stipulated penalties in the amounts set forth in subparagraph (c) of this Paragraph shall be payable per day to EPA for any failure to comply with the Order or the SOW(s);

(c) Schedule of penalties:

Penalty Per Violation Period of Noncompliance Per Day

$2,500 1st through 14th day $5,000 15th day and beyond

89. The following stipulated penalties shall be payable per violation per day to EPA for failure to submit timely or adequate progress reports pursuant to the SOW(s) and Paragraph 54 of this Order or DEMONSTRATION OF COMPLIANCE REPORTS (other than the initial report):

Penalty Per Violation Per Day Period of Noncompliance

$500 1st through 14th day $ 1,000 15th day and beyond

90. If EPA finds that any failure to comply constitutes a bad faith lack of effort by Respondents, penalties shall begin to accrue on the day after the complete performance is due or the day a violation occurs, and shall continue to accrue through the final day of the correction of the noncompliance or completion of the activity. Nothing herein shall prevent the simultaneous accrual of separate penalties for separate violations of this Order. However, stipulated penalties shall not accrue with respect to an obligation that is the subject of a Dispute Resolution proceeding hereunder during the period, if any, beginning the 15th day after EPA or the court's receipt of the Respondents' submission (pursuant to the Dispute Resolution provision) until the date that EPA or the court issue a final decision regarding the dispute. Nothing herein shall prevent EPA, within its unreviewable discretion, from waiving or forgiving any penalties owing hereunder.

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91. Following EPA's determination that the Respondents have failed to comply with a requirement of this Order, EPA may give the Respondents written notification of the same and describe the noncompliance. EPA may send the Respondents a written demand for the payment of the penalties. However, penalties shall accrue as provided in the preceding Paragraph regardless of whether EPA has notified the Respondents of a violation.

92. Any penalty accruing under this Section shall be due and payable within thirty (30) days of the receipt of a written demand by EPA. Payment of such penalty shall be made by certified check payable to the Hazardous Substances Superfund, and mailed to the following address with a notation of the docket number of this Order:

Region I U.S. Environmental Protection Agency

Attn: Superfund Accounting P.O. Box 360197 M

Pittsburgh, PA 15251

A copy of the certified check shall be sent to the Remedial Project Manager within five (5) days of payment. The stipulated penalties set forth in this section do not preclude EPA from electing to pursue any other remedies or sanctions which may be available to EPA by reason of the Respondents' violation of this Order or the Respondents' failure or refusal to comply with any of the requirements of this Order, except that EPA agrees that any amount of stipulated penalties recovered by EPA for a particular violation of this Order shall be deducted from any amount of civil penalties recoverable by EPA for the same violation of this Order. Such remedies and sanctions may include injunctive relief, the assessment of such civil penalties or damages as are authorized by Sections 106, 107, 109 and 122 of CERCLA, or the performance of a federally-funded response action, and a corresponding suit for reimbursement of costs incurred by the United States.

93. If the Respondents invoke dispute resolution regarding any decision which has resulted in the assessment of stipulated penalties, the Respondents shall pay all stipulated penalties for which EPA has made a written demand into an interest-bearing escrow account within thirty (30) days of receipt of the EPA demand. The Respondents shall pay penalties into this account as they continue to accrue, at least every fourteen (14) days. Within seven (7) days after receipt of the EPA decision regarding the disputed matter, the escrow agent shall pay the balance of the account to the prevailing party in the dispute.

XXV. INDEMNIFICATION

94. The United States does not assume any liability by entering into this Order or by virtue of any designation of the Respondents as EPA's authorized representatives under Section 104(e) of CERCLA. The Respondents shall indemnify, save and hold harmless the United States and its officials, agents, employees, contractors, subcontractors, or representatives for or from

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any and all claims or causes of action arising from, or on account of, negligent or other wrongful acts or omissions of the Respondents, their officers, directors, employees, agents, contractors, subcontractors, and any persons acting on their behalf or under their control, in carrying out activities pursuant to this Order, including, but not limited to, any claims arising from any designation of the Respondents as EPA's authorized representatives under Section 104(e) of CERCLA. Further, the Respondents agree to pay the United States all costs it incurs including, but not limited to, attorneys fees and other expenses of litigation and settlement arising from, or on account of, claims made against the United States based on negligent or other wrongful acts or omissions of the Respondents, their officers, directors, employees, agents, contractors, subcontractors, and any persons acting on their behalf or under their control, in carrying out activities pursuant to this Order. If practicable, EPA will provide the Respondents with written notice within ninety (90) days of the assertion of any claim against it concerning activities conducted pursuant to this Order. This agreement to indemnify and hold harmless does not include claims or causes of action arising from or on account of acts or omissions of the United States and its representatives, agents, employees, and officers. However, EPA approval or oversight of all deliverables required to be submitted pursuant to this Order shall not be considered an "act or omission of the United States and its representatives, agents, employees, and officers" pursuant to the preceding sentence. The United States shall not be held out as a party to any contract entered into by or on behalf of the Respondents in carrying out activities pursuant to this Order. Neither the Respondents nor any contractor shall be considered an agent of the United States.

XXVI. WAIVER OF SETTLEMENT CONFERENCE

95. In consideration of the communications among the Respondents and EPA regarding the terms of this Order prior to its issuance, Respondents hereby agree that there is no need for a settlement conference prior to the effective date of this Order.

XXVH. COVENANT NOT TO SUE

96. In consideration of the actions that will be performed by the Respondents under the terms of this Order, and except as specifically provided in Paragraphs 97 and 98 of this Order, EPA covenants not to sue or to take administrative action against the Respondents, and their heirs, successors, and assigns to the extent that their liability, if any, arises from the actions of any Respondent, pursuant to Sections 106 and 107(a) of CERCLA for performance of the Removal Action and RI/FS conducted pursuant to this Order. These covenants not to sue shall take effect upon the effective date of this Order; however, these covenants not to sue are conditioned upon the complete and satisfactory performance by the Respondents of their obligations under this Order. These covenants not to sue extend only to the Respondents and do not extend to any other person. Respondents are not released from liability, if any, for any actions taken beyond the terms of this Order including, but not limited to, other removal actions, other remedial investigation/feasibility studies related to any operable unit, remedial design/remedial action

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related to any operable unit, operation and maintenance of any remedial action, or activities arising pursuant to Section 121(c) of CERCLA, 42 U.S.C. § 9621(c).

XXVIH. EPA'S RESERVATION OF RIGHTS

97. The covenants not to sue set forth in Paragraph 96 do not pertain to any matters other than those expressly specified in Paragraph 96. EPA reserves, and this Order is without prejudice to, all rights against the Respondents with respect to all other matters, including but not limited to, the following:

1. claims based on a failure by the Respondents to meet a requirement of this Order;

2. liability arising from the past, present, or future disposal, release, or threat of release of Waste Materials outside of the Site;

3. liability for damages for injury to, destruction of, or loss of natural resources;

4. liability for response costs that have been or may be incurred by any federal agency or department other than EPA;

5. criminal liability;

6. liability for other violations of federal or state law;

7. previously incurred costs of response;

8. liability for response actions at the Site that are not required to be performed by the Respondents pursuant to this Order; and

9. liability for costs that EPA will incur related to the Site after the effective date of this Order.

98. In addition, EPA expressly reserves, and this Order is without prejudice to, all rights against the Respondents with respect to liability for all oversight costs and interest incurred by the United States in connection with this Removal Action and RI/FS or the implementation of this Order, including without limitation costs incurred by EPA under or in connection with a contract or arrangement between EPA and a qualified person to assist EPA in overseeing and reviewing the conduct of activities required under this Order.

99. In the event EPA determines that the Respondents have failed to perform any portions of the Removal Action or RI/FS in an adequate or timely manner, EPA may perform any and all portions of the Removal Action or RI/FS as EPA determines necessary.

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100. Notwithstanding any other provision of this Order, EPA retains all authority and reserves all rights to take any and all response actions authorized by law.

XXIX. CONTRIBUTION PROTECTION

101. With regard to claims for contribution against the Respondents for matters addressed in this Order, the parties hereto agree that the Respondents are entitled to such protection from contribution actions or claims as is provided by Section 113(f)(2) of CERCLA, 42U.S.C. § 9613(f)(2).

XXX. OTHER CLAIMS

102. Except as expressly provided in Section XXVII (Covenant Not to Sue), nothing in this Order shall constitute a satisfaction of or release from any claim or cause of action against the Respondents or any person not a party to this Order, for any liability such person may have under CERCLA, other statutes, or the common law, including but not limited to any claims of the United States for costs, damages and interest under Sections 106(a) and 107(a) of CERCLA, 42 U.S.C. §§ 9606(a) and 9607(a).

103. Nothing in this Order shall be deemed to constitute any decision on preauthorization of a claim within the meaning of Section 111 of CERCLA, 42 U.S.C. § 9611. The Respondents waive any claim to payment under Sections 106(b), 111, 112 or 113 of CERCLA, 42 U.S.C. §§ 9606(b), 9611, 9612 and 9613, against the United States or the Hazardous Substance Superfund arising out of any action performed under this Order.

104. Nothing in this Order shall bar claims by the Respondents against parties which are not signatories hereto for cost recovery, contribution, or other causes of action concerning matters addressed in this Order or otherwise.

XXXI. AMENDMENTS

105. Modifications extending the time for the Respondents' performance of any requirement under this Order may be made in writing by the Remedial Project Manager. Any other requirements of the Order may be modified in writing by mutual agreement of the Parties.

XXXH. OTHER APPLICABLE LAWS

106. Except as otherwise provided pursuant to Paragraph 107 herein and Section 121 (e) of CERCLA, all activities undertaken by the Respondents pursuant to this Order shall be performed in accordance with the requirements of all applicable federal and state laws and regulations. Such laws shall include, but not be limited to, the laws relating to occupational health and safety and worker's compensation.

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107. In accordance with 40 C.F.R. § 300.415(1), all activities undertaken on the Site by the Respondents pursuant to this Order shall, to the extent practicable, as determined by EPA, considering the exigencies of the situation, attain applicable or relevant and appropriate requirements under federal and state environmental laws.

XXXin. COMMUNITY RELATIONS

108. EPA shall be responsible for preparing a Community Relations Plan and conducting a community relations program. The Respondents and the contractor engaged to conduct the Removal Action and RI/FS under this Order shall, cooperate with EPA in the implementation of the Community Relations Plan. Such cooperation may include: (i) attendance and participation by Respondents in public meetings regarding the Site, to the extent specified by the RPM; (ii) preparation by Respondents of fact sheets concerning the Site and activities conducted under this Order for submission to the RPM, to the extent specified by the RPM; and (iii) provision by the Respondents of timely and appropriate responses to inquires from the public at the request of the RPM.

XXXIV. PUBLIC REVIEW OF RI/FS REPORT

109. When EPA determines the RI/FS required under this order is acceptable for public review, the RI/FS shall be made available by EPA for public comment for a period of not less than thirty (30) days. The dates and length of the public comment period shall be established by EPA. Following the public review and comment period, EPA may refer the FS Report to the Respondents for revision pursuant to public comments and EPA comments. In addition, the Respondents shall provide information for the Responsiveness Summary as requested by EPA pursuant to all applicable EPA guidance documents. At the request of EPA, the Respondents shall prepare all portions of a Draft Responsiveness Summary specified by EPA. EPA will prepare the final Responsiveness Summary for the RI/FS

XXXV. STUDIES REQUESTED TO BE PERFORMED BY RESPONDENTS

110. In the event that the Respondents elect to perform additional studies as specified in Section 7 of Attachment B to this Order, the Respondents shall comply with, and be subject to, all of the provisions of this Order and the SOW to the same extent as if such studies were required by EPA to be performed as part of the Removal Action and RI/FS (including, but not limited to, Section XXIV [Stipulated Penalties] of this Order.

XXXVI. PLACE AND MANNER OF NOTICE

111. Communications between the Respondents and EPA, and all documents, including reports, approvals, disapprovals, written notice, and other correspondence concerning the activities performed pursuant to the terms and conditions of this Order, shall be directed through the Respondents' Project Coordinator and EPA's RPM. All such documents submitted pursuant

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to this Order shall be sent to the EPA RPM, the State, and the Respondents at the following addresses or to such other addresses as EPA, the State or the Respondents hereafter may designate in writing:

Sheila Eckman U.S. Environmental Protection Agency Office of Site Remediation and Restoration, HBT JFK Federal Building Boston, MA 02203-2211

Mark Lewis Connecticut Department of Environmental Protection Water Management Bureau 79 Elm Street Hartford, CT 06106-5127

Bruce Thompson de maximis, inc. 106 West Mountain Road Collinsville, CT 06022

With a copy to:

Robert C. Kirsch, Esq. Hale and Dorr 60 State Street Boston, MA 02109

XXXVH. EFFECTIVE DATE

112. This Order shall be effective five (5) days after receipt of written notice by the SRSNE Site PRP Group, c/o Robert Kirsch, Esq., Hale and Dorr, 60 State Street, Boston, MA 02109, that the Order has been signed by the Director, Office of Site Remediation and Restoration.

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it is so ORDERED and Agreed this 6e day of - {#,£*"'<•*•} , 1997.

V

BY: Linda M. Murphy, Director Office of Site Remediation and Restoration Region I U.S. Environmental Protection Agency

APPENDIX I

LIST OF RESPONDENTS

Respondents List Solvents Recovery Service of New England Administrative Order on Consent for Removal Action and Remedial Investigation/Feasibility Study Docket No. 1-97-1000

A.R. Sandri, Inc. Acushnet Company, Titleist Golf Division Advanced Belt Technology Airshield/Rudkin-Wiley - Related Parties

Rudkin-Wiley Corp., Airshield Div. (Bridgeport, CT) Rudkin-Wiley Corp., Airshield Div. (Stratford, CT)

Albany International - Related Parties Albany International Co., Precision Components Walters Engineering

Allied Printing Services, Inc. Allied Products Corp., Acme Division Allied-Signal - Related Parties

Baron-Blakeskse Bendix Corp. (Ind. Tod Div.) Conco Ind., Inc. Oak Materials Group Oak Laminates

American Cyanamid Company - Related Parties American Cyanamid Co. Davis & Geek (Danbury, CT) American Cyanamid Co. (Wallingford, CT) Shulton Ind., Inc.

American Electro Products, Inc. American Hoechst Celanese Corp. - Related Parties

American Hoechst Corp Foster-Grant Corp.

American Optical Co. - American Optical Co. (Keene, NH) American Powdered Metals American Standard, Inc. - Related Parties

American Standard Inc. C.F. Church (Willimansett, MA) C.F. Church Div. (Monson, MA) C.F. Church (Holyoke, MA)

American Thread Company Amperex Corporation Amstar Corporation, Flex-Pack Printing Plant Anaconda - Related Parties

American Brass Co. (Waterbury, CT) Anaconda Metal Hose American Brass Co. ( Ansonia, CT)

Anchorage Inc., The Anco Packaging Corporation Anderson and Sons, Inc. APCO Product, Inc. - Related Parties

Apco Products, Inc. (Centerbrook, CT) Apco Products, Inc. (Essex, CT) Armstrong World Ind., Inc. A.W.I. Inc.

Arrow Automotive Industries - Related Parties Arrow Automotive ind., Inc. (Hudson, MA) Arrow Armature Arrow Automotive (Boston, MA)

Ashland Chemcial Company - Related Parties Ashland Chemical Co. FRP Supply

Respondents Lilt Solvents Recovery Service of New England Administrative Order on Consent for Removal Action and Remedial Investigation/Feasibility Study Docket No. 1-97-1000

Avco Lycoming Division A very - Dennison Mfg. - Related Parties

Dennison Mfg. Co. A very Label

B A. Ballou & Company Bailey Corp. - Related Parties

Bailey Corp. U.S.M. Corp. (Seabrook, NH)

Ball Metal Container Group Bangor Punta Corp. Harden Corp. - Related Parties

Barden Corp. Winsted Precision Ball Co.

BASF Corporation - Related Parties BASF Corp., Inmont Div. BASF Wyandotte Corp. Inmont Corp.

Bauer Electro Inc./Bauer Aerospace Inc. Bedoukian Research, Inc. Belding Hemingway - Belding Corticelli Thread Co. Benjamin Moore & Company Benmont Corporation/Textron, Inc. Berkley Wallcoverings Inc. - Related Parties

Berkley Wallcovering Four Seasons Wallcovering

Berol Corp. - Related Parties Berol Corp., Berol USA Div. Eagle Pencil Co., Inc.

Bic Pen - Related Parties Waterman Bic Pen Corp. Bic Pen

Biltrite Corp-Amer Biltrite/American Biltrite Black & Decker (U.S.), Inc.- Related Parlies

Black & Decker (U.S.) Inc. Bostik Corp. Emhart Ind., Hardware Div. Emhart Machine Group, Parrel CT Div. PCI Group, J.C. Rhodes Div. Texon American Hardware P&FCorbin U.S.M. Corp. (Amesbury, MA)

Borden Inc. - Related Parties Borden Inc. Chem. Div. Columbus Coated Fabrics Vernon Plastics Borden Chemical

Boston Whaler, Inc. Bradford Industries Brake Systems, Inc. Brand-Rex Company - Related Parties

Brintec Corp.-Brand-Rex Cable Sys. Div.

Respondents List Solvent* Recovery Service of New England Administrative Order on Consent for Removal Action and Remedial Investigation/Feasibility Study Docket No. 1-97-1000

Akzonalnc. Brand Rex W. Brand-Rex William Brand Co.

Branson Corp. - Related Parties Branson Ultrasonics Corp. Branson Branson Insutrument Co.

Bridgeport Machine Inc./Textron, Inc. Bridgeport Metal Goods Bristol Paint & Lacquer Co. Bull Metal Products Co., Inc., The Burndy Corporation - Related Parties

Burndy Corp. Berco Mfg. Co.

C & A Wallcovering Company - Related Parties Imperial Mfg. Co. Imperial Wallpaper Mill Inc.

C & M Corporation C. Cowles & Company C.B.S. Electronics - Related Parties

C.B.S. Electronics Columbia Magnetics Co.

C.E. Bradley Laboratories, Inc. C J. Jameson and Company, Inc. C.L. Hauthaway & Sons Corporation C.R. Bard, Inc., USCI Division California Products Corporation Camger Chemical Systems, Inc. Camvac International, Inc.; Dunmore Corp./Rexham Capitol Records Captree Chem (NJ) Carlisle Corp., Tensdite Division Cams Reels, Inc. - Related Parties

Bridge Mfg. Co. (Hayardville, CT) Bridge Mfg. Co. (Enfield, CT)

Carroll Products, Inc. Chamberlain Manufacturing Champion International Corp./Champion Retail Chartpak Chelsea Industries - Related Parties

Maynard Plastics Company, Inc. Pyrotex

Chem-Tech Rubber Chemical Coatings (Providence, RI) Chemical Sales & Services CHR Industries, Inc. Chromium Process, The Ciba-Geigy Corporation- Related Parties

Ciba-Geigy Corp. HamWet & Hayes Co.

City of Torrington

Respondent! List Solvents Recovery Service of New England Administrative Order on Consent for Removal Action and Remedial Investigation/Feasibility Study Docket No. 1-97-1000

Coating Sciences, Inc. Commercial Auto Body, Inc. Compo Ind. - Related Parties

Compolnd. Compo Ind., Pandel Bradford Div.

Concord Litho Company Cooper Ind. - Related Parties

Arrow-Hart Inc., Dano Div. Crouse-Hinds Aviation Lighting New England Die Casting Dano Electric Cooper Ind. Arrow Hart Div.

Custom Coatings & Laminating Company D.G.C. Auto Body Dampney Company, The Danaher - Allen Mfg. Co. (Blomfield, CT) Darworth Company Design Label Manufacturing Company Dexter Corp., The - Related Parties

Dexter Corp., C.H. Dexter Div. Dexter Corp., Midland Div. Chemical Coatings (Rocky Hill, CT)

Dielectric Polymers, Inc. Dossert Corporation Dupont - Related Parties

TauLab E.I. Dupont Co.

Durham Manufacturing Company, The E.J. Gaisser, Inc. Easco Aluminum/Eastern Extrusion Corp. Eastern Color Printing Company, The Eastern Etching Company Eastern Fine Paper, Inc. Eastern Lacquer Corp./Eastem Chem-Lac Electrocal Division Electrolux Corporation Energy Maintenance Corporation Engelhard Industries, Inc. Engineered Yarns, Inc. Enthone Incorporated Environmental Waste Removal Est-More Realty Ethan Allen Inc. - Related Parties

Ethan Allen Inc., Beecher Falls Div. Ethan Allen Inc., Orleans Div. Ethan Allen Island Pond Div. Ethan Allen, Bumham Div. Ethan Allen, Whitney Div.

Fairchild Semi-Conductor - Related Parties Fairchild Semi-Conductor Fairchild Test Systems

Respondent* Lint Solvent* Recovery Service of New England Administrative Order on Consent for Removal Action and Remedial Investigation/Feasibility Study Docket No. 1-97-1000

Fairprenc Industrial Products Company, Inc. Fenner America, Ltd. Fiber Cote Industrie*, Inc. Fish Chcm. ft Equipment, Inc/Fish-Callahan Chcm. Franklin Pumping Service, Inc. Freudenberg-NOK - Related Parties

Disogrin Industries Corp. Freudenberg-NOK General Partnership

Frismar, Inc. Oencorp - Related Parties

O.T.R. Coated Fabrics Co. Bolta Products

General Chemical Corp. - Related Parties General Chemical Corp. (Boston, MA) General Chemical Corp. (Framingham, MA)

General Electric Company - Related Parties General Electric Co. (Chelsea, MA) General Electric Co. (Lynn, MA) General Electric Co. (Plainville, CT) General Electric Co. (Bristol, CT) General Electric Co. (Schnectady, NY) General Electric Plastics Dept.

General Foods Corp., Carton and Container Div. General Motors Corp. - Related Parties

New Departure Hyatt Bearings Div. Gen. Motors General Motors Corp., Fisher Body Div. Hyatt Bearings

General Textile Printing & Processing Corp. George Newman & Co. - Related Parties

Biddeford Ind. George Newman & Co. OWN Co.

George Schmitt & Co. - Related Parties George Schmitt & Co. (Guilford, CT) George Schmitt & Co. (Branfbrd, CT)

Gkring Metal Finishing Company, Inc. Glyptal, Inc. - Related Parties

Glyptal, Inc. Merrimack bid. Finishes/Coulter Fibres, Inc.

Goldshield - Related Parties Detrex Chemical Ind. Inc. Goldshield

Gotham Ink of New England GTE Sylvania Corporation - Related Parties

GTE Sylvania, Wallmet East Div. (Naugatuck, CT) GTE Sylvania Inc. (Ispwich, MA) GTE Products Corp., Parts Div.

Guilford Gravure, Inc. Gu/s Autobody H.B. Fuller Company - Related Parties

H.B. Fuller Co.

Respondents List Solvents Recovery Service of New England Administrative Order on Consent for Removal Action and Remedial Investigation/Feasibility Study Docket No. 1-97-1000

Haartz Auto Fabric Company Halliday Lithographs - Related Patties

Halliday Lithographs (Plymouth, MA) Halliday Lithographs (Hanover, MA)

Hampden Papers, Inc. - Related Parties Hampden Papers, Inc. Hampden Glazed Paper

Hampfbrd Research, Inc./Hampford Chemicals Handy & Harmon - Related Parties

American Chemical & Refining Co., Inc. Consolidated Tube (Waterbury, CT) Consolidated Tube Fabrication (Wolcott, CT) Connecticut Form Corp. Handy &Harman

Harris Semiconductor Hartford Courant, The Hazen Paper Company Heminway & Bartlett Manufacturing Co., The Heminway Corporation Hercules Inc. - Hercules Inc. Holyoke Card and Paper Company Hopewell Precision, Inc. Howe Folding Furniture Company Hoyt & Worthen Tanning Corporation Hubbard Hall Chemical Company Humphrey Chemical Company, The I.C.I. Americas - Related Parties

I.C.I Americas, Inc. Permuthane, Div. of Beatrice Foods Co. Polyvinyl Chemical Ind. Stahl Finish (Corwin St.) Beatrice Chemical Co., United Finish Co. Stahl Finish (Howley St.) ICI Resins U.S.

Ideal Tape Company Industol, Inc. Industrial Polymers & Chemicals, Inc. Ingersoll-Rand Company - Related Parties

Ingersoll-Rand Co. Torrington Co., Special Products Div. Fafnir Bearing

International Paper Company - Related Parties Advanced Offset Plate, Inc. Graph Coating International Paper Co. Anitec Image Corp. Strathmore Paper Co.

Ionics Incorporated Irving Tanning Company - Related Parties

Irving Tanning Co. Hartland Tanning

Respondent! List Solvent! Recovery Service of New England Administrative Order on Conient for Removal Action and Remedial Investigation/Feasibility Study Docket No. 1-97-1000

James River Corp. - Related Parties Whitman Skivertcx Div./Prcco Corp. James River Graphics James River MA, Inc. James River Fitchburg Inc. James River Paper Co. Crown Zcllerbach

Jared Manufacturing Co. Jayfro Corporation John Armitage & Company - Related Parties

John L. Armitage & Co. VoltaxCo.,Inc. The

K.J. Quinn/Courtaulds Aero.-PRC Inter. - Related Parties K. J. Quinn and Co. Inc. (Seabrook, NH) K.J. Quinn and Co. Inc. (Maiden, MA)

Kanthal Corporation - Related Parties Kanthal Special Alloys Corp. (Bethel, CT) Kanthal Corp. (Stamford, CT)

Keeler & Long, Inc. Kem Plastic Playing Cards, Inc. Keymark Corporation Keystone Cement Co. King Industries, Inc. L.E. Carpenter & Company Lakewood Metal Products Larson Tool & Stamping Co. Lewcott Chemicals & Plastics - Related Parties

Lewcott Chemicals ft Plastics Eli Sandman Co.

Lightolier Corporation - Related Parties Aluminum Processing Corp. Lightolier Corp.

Lilly Industries, Inc. - Related Parties Lilly Industial Coatings, Inc. Lilly Varnish Co., of MA (Gardner, MA) Lilly Varnish Co. (Templeton, MA) Lilly Chemical Prod. (Templeton, MA) Lilly Chemical (Gardner, MA)

Litton Ind. - Related Parties Decatone, Div. of Litton Ind. Winchester Electronics, Div. of Litton Systems Inc. New Britain Machine Decatone Prod. (Fitchburg, MA) Streaters, Inc.

Lonza, Inc. Lorbrook Corporation Lukon, Inc. Lundquist Tool & Manufacturing Co., Inc. Lyman-Raytech/Raytech Industries - Related Parties

Raytech Ind., Inc. Lyman Products Corp.

Respondents List Solvents Recovery Service of New England Administrative Order on Consent for Removal Action and Remedial Investigation/Feasibility Study Docket No. 1-97-1000

Raytech Ind., Inc/Raytech Ind., Inc. M. Swift and Sons, Inc. M.H. Rhodes, Inc. Macbeth, Div. of Kollmorgen Corp. MacDennid, Inc. - Related Parties

Macdermid, Inc. Specialty Polymers Inc.

Mace Adhesives & Coatings Company, Inc. Maine Pearl Essence Maine Poly, Inc. Majilite Co,. Div. of Meridian Industries Mann Industries, Inc. Markem Corporation Mayhew Steel Products, Inc. Mead Specialty - Related Parties

Mead Paper Specialty-Morart & Laurel Mills Morart Gravure Corp. Morart-Mead Co. (Holyoke, MA) Morart-Mead Co. (South Lee, MA) Mead Packing

Milford Rivet & Machining Co. Miller Container Milton Can Co., Inc. Miniature Precision Bearing- MPB Corp. Mobil Chemical Co. - Related Parties

Mobil Chemical Co. Mobil Oil Corp.

Mohawk Finishing Products, Inc. Monsanto Company - Related Parties

Monsanto Co. Monsanto Chemical (Springfield, MA) Monsanto Chemical (Everett, MA)

Morton International - Related Parties Polymer Ind., Inc., Div. of Morton Morton Coatings Morton Chemical Div., Morton Thiokol, Inc.

Narragansett Coated Paper Corp. Nashua Corp. - Related Parties

Nashua Corp. (Keene, NH) Nashua Corp. (Nashua, NH) Nashua Corp. (Merrimack, NH)

National Micronetics New England Aircraft Products/Howmet Corp. New England Etching Company New England Printed Tape Company, Inc. Norton Company - Related Parties

Amplex Corp. Norton Co. CERBEC-Ceramic Bearing Co.

NU Brite Chemical Company - Realted Parties Nu Brite Chemical Co.-Kyanizc Paint

Respondent* List Solvents Recovery Servke of New England Administrative Order OB Consent for Removal Action and Remedial Investigation/Feasibility Study Docket No. 1-97-1000

Kyanize Paint, Inc. Old Stone Mill Corporation Pacific Anchor Chemical - Related Parties

Trimont Chemicals, Inc. Pacific Anchor Chemical Corp. Air Products & Chemicals, Inc.

Parker Hannifin - Related Parties Nichols Gray Roberk ELS Automotive Corp.

Pepsi-Cola Bottling Company Permacel Photocircuits Corporation Pierce & Stevens Chemical Corp. Plymouth Rubber Polaroid Corp. - Related Parties

Polaroid Corp. Polaroid Corp. (Waltham, MA)

Poh/metal Finishing Porce-Len, Inc. Poughkeepsie Journal Power Semi-Conductors- Related Parties

Power Semi-Conductors, Inc. Electric Regulator Corp. (entered 12/22/95)

Preco CorpTPremoid Div. Prime Tanning Company (Berwick, ME) Providence Metallizing Co., Inc. Quality Nameplate, Inc. Quebecor Printing Providence, Inc. - Related Parties

Maxwell Graphics Providence, Inc. Providence Gravure Quebecor Printing Providence, Inc.

Rafii & Swanson - Related Parties Rafli & Swanson Surface Coatings, Inc.

Rapid Power Technologies Reflexite Corporation Reichhold Chemicals Reliance - Related Parties

Reliance Varnish Co. Reliance Universal Specialty Coating

Rexall Chemical; Sundown Vitamins/Kraft General Foods Rexene Polymers Richard Tanning Risdon Corp. - Related Parties

Eyelet Specialty Co., Inc. (Waterbury, CT) Eyelet Specialty Co., Inc. (WaUingford, CT) Risdon Corp., Cosmetic Container Div. (Danbury, CT) Risdon Mfg. (Naugatuck, CT)

Robert Shaw Controls Co., Milford Div. Rockbestos Company/Ccrrock Wire & Cable

Respondent* List Solvents Recovery Service of New England Administrative Order on Consent for Removal Action and Remedial Investigation/Feasibility Study Docket No. 1-97-1000

Rogers Corp. - Related Parties Rogers Corp. (Rogers, CT) Rogers Corp. (Willimantic, CT) Rogers Corp., Poron Div.

Rohm Tech, Inc. - Related Parties i Derby Co., Inc.

Rohm Tech, Inc. Ross & Roberts, Inc. Roy Brothers Royal Business - Related Parties

Royal Business Machines Royal Bus. Machines, Inc., Roytype Prod. Div. Royal Mcbee Corp. Royal Typewriter Co., Inc. Roytyped

Safety Kleen Corp. - Related Parties Safety Kleen Corp. (Syracuse, NY) Safety Kleen Corp. (Cranston, RI) Safety Kleen Corp. (Milford, CT) Safety Kleen Corp. (Windsor, CT)

Sanders Associates, Inc. (Lockheed) Sanitoy, Inc. Sargent Manufacturing Company Scharr Industries, Inc. Schenectady Chemical, Inc. Scovill Fasteners Inc. - Related Parties

Scovill Fasteners Inc. Scovill Mfg. Co./Scovill Inc.

Sebago, Inc. Sequa - Sun Chemical Shell Chemical Company Sherwin Williams - Related Parties

Sherwin-Williams (Worcester, CT) Sherwin-Williams (Stratford, CT) Sherwin-Williams Co. (Wethersfield, CT) Sherwin-Williams Co. (Medford, MA) Auto Paints Distributors, Div. of Sherwin Williams

Shipley Company, Inc. Silvered Electronic Mica Company (SEMCO) Skinner Valve Solvents Recovery Service of New Jersey, Inc. Spalding Co./Spalding Sports Worldwide Specialty Packaging Prod., Div. Ethyl/VCA Spectrum Coatings Laboratories, Inc. Sprague Electric Technologies - Related Parties

Sprague Electric Co. (Concord, NH) Sprague Electric Co. (N. Adams, MA)

Stamford Wallpaper Co., Inc. Stanadyne, Inc./Stanadyne Automotive Corp. Stanchem, Inc. - Related Parties

Stanchem, Inc.

10

Respondent! List Solvent! Recovery Service of New England Administrative Order on Consent for Removal Action and Remedial Investigation/Feasibility Study Docket No. 1-97-1000

Stanley Works, The - Related Parties Bostitch-Textron Stanley Works Stanley Tools (Plantsville, CT) Stanley Chem

State of Vermont, Dept. of Transportation Strathmore Products, Inc. Summit Finishing Company, The Supreme-Lake Mfg., Inc. Synthetic Products Co. Tapecon, Inc. Tech Etch, Inc. Technical Coatings Laboratory, Inc. Tectonic Industries, Inc. Tex-Tech Industries Textron - J.H. Winn Titeflex Corporation Troy Mills, Inc. Truesdale Chem Turbo Products Tyco Labs - Related Parties

Ludlow Corp. Ludlow Specialty Papers Multi-Circuits, Inc. Ludlow Packaging

U.S. Electric Motor Uncas Manufacturing Company Union Camp Corp. - Related Parties

Union Camp Chase Bag/Chase Packaging

Uniroyal - Related Parties Naugatuck Footwear U.S. Rubber Co. Shoe Hardware

United Merchants ft Mfg., Decora Div. United Oil Recovery/United Indus. Services Div. Upaco Adhesives, Inc. Upjohn Co. Uretek, Inc. Vanderbilt Chemical Corporation Verla International Ltd. Vistron Corporation-Related Parties

Vistron Corp. Prophylactic Brush/BP America

Vitramon Inc. Voltarc Tubes, Inc. W.R. Grace & Co. - W.R. Grace & Co. (Polyfibron Div.) Wallace Barnes Ware Chemical Corporation Waste Management - Leger's Waterbury Companies - Related Parties

11

Respondent! List Solvents Recovery Service of New England Administrative Order on Consent for Removal Action and Remedial Investigation/Feasibility Study Docket No. 1-97-1000

Waterbury Co. (Randolf, VT) Waterbury Co. (Waterbury, CT)

Waterbury Plating Company Web Technologies, Inc. Westfield Coatings Corp. - Related Parties

Westfield Coatings Corp. Westfield Chemical

Westvaco Corp. - Related Parties Westvaco, U.S. Envelope Div. (Enfield, CT) Westvaco, U.S. Envelope Div. (Springfield, MA) Westvaco, U.S. Envelope Div. Engineering Dept. U.S. Envelope (Springfield, MA) U.S. Envelope (Enfield, CT) Westvaco (EnfieW, CT)

Weyerhaeuser Co., Wood Prod. Div. Weymouth Art Leather Co. Whittaker Corp. - Related Parties

Chemical Products Corp. Whittaker Corp., Providence Chem, Div. Whittaker Corp., Haynes Coatings Div. Haynes Laboratories (Chicopee, MA) Haynes Laboratories (Springfield, MA) Haynes Laboratories (Holyoke, MA)

Winslow Automatics, Inc. Worcester Taper Pin Wright Line, Inc.

12

APPENDIX H

MAP OF SITE

FiGURE 1 SRSNS STUDY AREA

SCUTMINCTCN PRCOUCTTCN

Printed on «C p»s*r

ATTACHMENT A

STATEMENT OF WORK FOR

NON-TIME CRITICAL REMOVAL ACTION 2 (NTCRA2)

ATTACHMENT A

STATEMENT OF WORK

NON-TIME-CRITICAL REMOVAL ACTION 2 for Containment of Bedrock Groundwater

SOLVENTS RECOVERY SERVICE OF NEW ENGLAND, INC. SUPERFUND SITE

NTCRA2 SOW Attachment A SRSNE SITE

TABLE OF CONTENTS

I. INTRODUCTION AND PURPOSE 2

II. DEFINITIONS 2

III. REMOVAL ACTION OVERVIEW 3

IV. PERFORMANCE STANDARDS 4 A. Performance Standards for Design Investigations 4 B. Performance Standards for Groundwater Containment System 5 C. Applicable or Relevant and Appropriate Requirements 6

V. DESIGN PHASE 6 A. Deliverables 6

1. Design and Study Schedule 7 2. Site-specific Health and Safety Plan (Hsp) 8 3. Design and Study Workplan 8 4. Ntcra2 Technical Memorandum 9 5. 100% Groundwater System Design 9 6. Progress Reports 11

B. Project Meetings 12

VI. IMPLEMENTATION PHASE 12 A. Deliverables 12

1. Implementation Schedule 13 2. Implementation Work Plan 13 3. Progress Reports 14 4. Operations Plan for Groundwater Containment System 14 5. Notification of Initiation of Operations of the Groundwater Containment

System 15 6. Demonstration of Compliance Reports 15 7. Completion of Work Report 16 8. Post-removal Site Control Plan 16

B. Project Meetings 17

NTCRA2 SOW Attachment A SRSNE SITE

I. INTRODUCTION AND PURPOSE

This Non-Time-Critical Removal Action (NTCRA) Statement of Work ("SOW") defines the response activities and deliverable obligations of the Respondents pursuant to the Administrative Order On Consent For Removal Action and Remedial Action/Feasibility Study ("Order") at the Solvents Recovery Service of New England, Inc. Superfund Site, located in Southington, Connecticut (the "Site"). The activities described in this SOW are based upon the United States Environmental Protection Agency ("EPA") Action Memorandum for the Site signed by the EPA Region I Regional Administrator on June I , 1995.

II. DEFINITIONS

The definitions provided in the Order are incorporated herein by reference. In addition, the following definitions shall apply to this SOW:

A. "Design" shall mean an identification of the technology to be used for the Removal Action and its performance and operational specifications, in accordance with all applicable federal, state, and local laws, including, but not limited to:

1. all significant computations used to size units, determine the appropriateness of technologies, and the projected effectiveness of the system; 2. materials handling and system layouts for the extraction of groundwater, to include size and location of units and location of electrical equipment and pipelines; 3. scale drawings of all significant system layouts identified above and including, but not limited to, well cross-sections; 4. quantitative analysis demonstrating the anticipated effectiveness of the design to achieve the Performance Standards for the Removal Action; 5. technical specifications; 6. description of the extent of ambient air monitoring including equipment, monitor locations, and data handling procedures; and, 7. description of access, land easements and/or other institutional controls required, to be supplied with the construction plans and specifications.

B. "Contaminated aroundwater" shall mean groundwater containing contaminants from the SRSNE Site that exceed non-zero Maximum Contaminant Level Goals ("MCLGs") or Maximum Contaminant Levels ("MCLs"), established under the

NTCRA2 SOW Attachment A SRSNE SITE

Safe Drinking Water Act, whichever is more stringent for a particular contaminant.

C. "Operations Area" shall mean the fenced area of the Site where SRS and SRSNE operated a hazardous waste treatment, storage and disposal facility, consisting of approximately 2.5 acres of land. The Operations Area is generally depicted on Figure 1 (attached hereto).

D. "Former Cianci Property" shall mean the area of the Site which is bounded to the north by Lazy Lane (not shown on Figure 1), to the south by the Town of Southington well field, to the west by the Boston & Maine Railroad Co. right-of­way, and to the east by the Quinnipiac River. The Former Cianci Property is generally depicted on Figure 1.

E. "NTCRA1" shall mean the Non-Time Critical Removal Action approved in an Action Memorandum signed by the Acting Regional Administrator on April 1, 1993, and agreed to by the PRPs and the EPA in an Order signed by the Regional Administrator on September 18,1994.

F. "NTCRA2" shall mean the Non-Time Critical Removal Action approved in an Action Memorandum signed by the Regional Administrator on June 1, 1995, which is further defined by this SOW.

III. REMOVAL ACTION OVERVIEW

The Action Memorandum, signed on June 1,1995, generally describes the Removal Action that shall be performed by the Respondents. The Removal Action consists of the following components: (a) the design and implementation of a groundwater containment system to minimize the migration of contaminated groundwater in the bedrock aquifer from the Operations Area of the Site; and, (b) the repair and repavement of the existing asphalt cap on the Operations Area, and the installation of asphalt on areas that are currently bare.

The design of the groundwater containment system shall be based on the performance of the aquifer test. The objectives of the aquifer test shall be to analyze and collect data necessary to confirm or determine, at a minimum, the appropriate numbers, depths, locations, and pumping rates for the extraction wells.

NTCRA2 SOW Attachment A SRSNE SITE

It is anticipated that the design and construction of the groundwater containment system will be an iterative process, due to the nature of the bedrock fractures and the confirmed presence of DNAPLs on the site. The process will be iterative to ensure that the pumping of the bedrock does not cause the DNAPL pools to migrate downward into the fractured bedrock. The process will be further defined and approved in the DESIGN AND STUDY WORKPLAN and the NTCRA2 TECHNICAL MEMORANDUM. After designing the groundwater containment system, the Respondents shall implement the system in compliance with the Performance Standards and monitor performance results.

It is also anticipated that the Respondents will treat the extracted groundwater utilizing the treatment system that was designed and constructed pursuant to the NTCRA1 Order.

The Respondents shall also inspect and repair, where necessary, the existing asphalt cap and fence on the Operations Area of the Site. In addition, the areas of the Operations Area that are not currently paved with asphalt shall be paved. The asphalt cap and fence shall then be inspected and maintained on a regular basis.

The Respondents shall operate the combined NTCRA1 and NTCRA2 groundwater containment and treatment system until EPA determines that the Performance Standards have been achieved for a cumulative (as opposed to continuous or consecutive) period of three years (not including the "Compliance Period", as defined in Section IV.B.3.), or until three months after the completion of construction of the final remedial action for groundwater at the Site, whichever comes first.

IV. PERFORMANCE STANDARDS

A. PERFORMANCE STANDARDS FOR DESIGN INVESTIGATIONS

The Respondents shall conduct investigations necessary to design the groundwater containment system in compliance with all applicable or relevant and appropriate requirements ("ARARs") and performance standards specified in this SOW. These investigations shall provide EPA with information necessary to determine, at a minimum:

1. The pumping rates, duration, number, location (including depth) and specifications (diameter, type of sand pack, length of screen) for any additional wells needed for the groundwater containment system;

NTCRA2 SOW Attachment A SRSNE SITE

2. The effect of the operation of the NTCRA1 containment system on bedrock groundwater;

3. The effects of the groundwater containment system on wetlands and floodplains which might be impacted by the pumping; and,

4. The effects of the groundwater containment system on the private drinking water wells in the vicinity of the Site.

5. The extent of the bedrock containment area.

B. PERFORMANCE STANDARDS FOR GROUNDWATER CONTAINMENT SYSTEM

1. The Respondents shall design and implement a containment system which minimizes, to the extent reasonably practicable, the migration of all contaminated bedrock groundwater from the Operations Area of the Site, as demonstrated by the Containment Test set forth in Section IV.B.2., below.

The containment system shall create an Area of Containment that achieves the objectives stated in Section III above. The Area of Containment shall be defined in three dimensions in the NTCRA2 TECHNICAL MEMORANDUM through modeling of bedrock groundwater flow, but will generally be an area downgradient of the Operations Area.

2. If the Respondents satisfy the requirements of the following Containment Test, they shall be deemed to have demonstrated that the containment system minimizes the migration of all contaminated bedrock groundwater, to the extent reasonably practicable, from the Operations Area of the Site. To satisfy the Containment Test, the Respondents shall demonstrate that: a. Within the Area of Containment, bedrock groundwater with dissolved

contaminants, east and downgradient of the Operations Area is flowing in the direction of the groundwater containment system to be installed by the Respondents at the Site; and,

b. All contaminated bedrock groundwater flow downgradient of the extraction system within the area of containment is reversed and maintained in the direction of the groundwater containment system.

NTCRA2 SOW AttachmentA SRSNE SITE

3. Within 60 days of the initiation of operations of the bedrock groundwater containment system (hereafter, the "Compliance Period") and during the entire operation of the containment system thereafter, the Respondents shall achieve the Performance Standards stated in Section IV.B. of this SOW.

4. In the event that EPA determines at any time during the Removal Action that the Respondents' design or implementation of the groundwater containment system does not satisfy the requirements of the Performance Standards, the Respondents shall propose to EPA adjustments to the groundwater containment system, and implement them as directed by EPA.

C. APPLICABLE OR RELEVANT AND APPROPRIATE REQUIREMENTS

The Respondents shall design and implement the groundwater containment system in accordance with the federal and state requirements set forth in Tables 4-3A and 4-3B in Attachment I to the Action Memorandum.

V. DESIGN PHASE

The Design Phase shall include: 1) conducting investigations and tests necessary to develop the design of the groundwater containment system; 2) developing the design of the groundwater containment system; and, 3) conducting the Operations Area asphalt capping work.

This section describes the Respondents' responsibilities for submitting deliverables and conducting project meetings during design.

A. DELIVERABLES

The Respondents shall submit the following deliverables to EPA and the Connecticut Department of Environmental Protection ("CT DEP") during the design of the Removal Action. Each deliverable: (a) shall be subject to review and approval or modification by EPA, pursuant to the procedures specified in Section XIV.A. of the Order (hereafter "EPA Review and Approval" or "EPA Approval"), or (b) shall be submitted by the Respondents to EPA and the CT DEP with the Respondents' certification, pursuant to the procedures specified in Section XIV. B. of the Order (hereafter "Respondents' Certification").

NTCRA2 SOW Attachment A SRSNE SITE

1. Design and Study Schedule 2. Health and Safety Plan 3. Design and Study Workplan 4. NTCRA2 Technical Memorandum 5. 100% Groundwater Design 6. Progress Reports

1. DESIGN AND STUDY SCHEDULE

Within 14 days of the effective date of the Order, the Respondents shall submit a DESIGN AND STUDY SCHEDULE (hereafter "SCHEDULE") for EPA Review and Approval, after reasonable opportunity for review and comment by CT DEP. The SCHEDULE shall identify the date, or if the milestone is dependant on completion of other tasks, the critical path, for performance of all major milestones to be performed for completion of the design of the groundwater system, including the date for submission of all deliverables required by Section V.A of the SOW. If it is not possible to identify a submission date, the critical path task(s) which must be completed in order to produce the deliverable shall be identified. It is recognized that this SCHEDULE must be consistent with the ongoing Remedial Investigation, which will provide a substantial portion of the necessary pre-design data needed for NTCRA2. The SCHEDULE shall include the following deadlines:

i. The Respondents shall submit to EPA and CT DEP the DESIGN AND STUDY WORKPLAN, required by Section V.A.3. of this SOW, within 45 days of the effective date of this Order.

ii. The Respondents shall submit to EPA and CT DEP the NTCRA2 TECHNICAL MEMORANDUM as approved by EPA in the DESIGN AND STUDY SCHEDULE.

iii. The Respondents shall submit to EPA and CT DEP the 100% GROUNDWATER DESIGN, required by Section V.A.5. of this SOW, within 120 days of EPA Approval of the NTCRA2 TECHNICAL MEMORANDUM.

NTCRA2 SOW Attachment A SRSNE SITE

2. SITE-SPECIFIC HEALTH AND SAFETY PLAN (HSP)

In accordance with the approved DESIGN AND STUDY SCHEDULE, the Respondents shall submit to EPA and CT DEP a HEALTH AND SAFETY PLAN with Respondents' Certification. This HSP shall address all actions to be performed pursuant to Section V of this SOW, and shall be prepared in accordance with Attachment C to the Order.

3. DESIGN AND STUDY WORKPLAN

In accordance with the approved DESIGN AND STUDY SCHEDULE, the Respondents shall submit to EPA and CT DEP a DESIGN AND STUDY WORKPLAN with Respondents' Certification. The WORKPLAN shall include:

i. descriptions of all activities to be undertaken in connection with any investigations necessary for the design and implementation of the groundwater containment system. The descriptions shall contain a statement of purpose and objectives of the investigation and an identification of the specific activities necessary to complete the investigation. The WORKPLAN shall also identify and link, using a critical path method, any investigation activities in common with the Rl, and shall describe, at a minimum, the following activities to be undertaken during the Design Phase:

(a) soil borings and rock corings to develop geologic data; (b) aquifer characterization (i.e., aquifer tests, packer tests, slug tests, etc.) to determine the pumping rates and durations, and the number, location (including depth), and specifications (diameter, type of sand pack, length of screen) for the wells for the groundwater containment system; (c) an assessment of the sufficiency of the existing treatment system capacity to treat the additional water which will be generated as a result of implementation of this SOW; (d) an assessment of, and proposal for, the Operations Area asphalt cap and fencing needs.

ii. a Sampling and Analysis Plan (SAP) in support of all fieldwork to be conducted according to the WORKPLAN, to be prepared in accordance with Attachment C.

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NTCRA2 SOW Attachment A SRSNE SITE

4. NTCRA2 TECHNICAL MEMORANDUM

In accordance with the EPA-approved DESIGN AND STUDY SCHEDULE, the Respondents shall submit a NTCRA2 TECHNICAL MEMORANDUM for EPA Review and Approval, after reasonable opportunity for review and comment by the CT DEP. The NTCRA2 TECHNICAL MEMORANDUM shall include, at a minimum, a summary of the results of all studies performed pursuant to the DESIGN AND STUDY WORK PLAN, and a proposal for the activities and schedule for the Operations Area with respect to the capping and fencing. In addition, it shall also contain a recommendation of whether or not the existing treatment system has sufficient capacity for the additional water from this action.

If the pre-design investigations indicate that the Compliance Period is unreasonable, then the Respondents must propose an alternative schedule in this NTCRA2 TECHNICAL MEMORANDUM.

In addition, the NTCRA2 TECHNICAL MEMORANDUM shall propose a methodology for the demonstration of compliance with this SOW of the bedrock containment system. The approved methodology shall then be developed and incorporated into the formal DEMONSTRATION OF COMPLIANCE PLAN, submitted as part of the 100% Design.

5. 100% GROUNDWATER SYSTEM DESIGN

Within 120 days of approval of the NTCRA2 TECHNICAL MEMORANDUM, the Respondents shall submit the 100% GROUNDWATER SYSTEM DESIGN for EPA Review and Approval, after reasonable opportunity for review and comment by the CT DEP. This design submittal shall include the following major components: the 100% design for each component of the groundwater containment system and a DEMONSTRATION OF COMPLIANCE PLAN.

i. The 100% design for each component of the groundwater containment system shall include the following:

(a) a Basis of Design Report, which summarizes the data and the evaluation of data considered during the design process, including a

NTCRA2 SOW Attachment A SRSNE SITE

summary of the results of the aquifer test and other information described in the DESIGN AND STUDY WORK PLAN; (b) the final design plans and specifications in reproducible format; (c) the final bid documents; and, (d) drawings on reproducible mylars.

ii. The DEMONSTRATION OF COMPLIANCE PLAN shall detail how the Respondents shall demonstrate that the Performance Standards for the groundwater containment system, listed in Section IV.B. of this SOW, will be achieved and maintained.

The DEMONSTRATION OF COMPLIANCE PLAN shall include a Sampling and Analysis Plan ("SAP") developed in accordance with Attachment C to the Order, and shall specify how the data collected under the SAP will be evaluated for purposes of demonstrating compliance. The SAP shall include provisions for the following: (a) The methodology to be used to determine that the Performance

Standards specified in Section IV.B. are being met; (b) measuring and recording, on a continuous basis, the flowrate from

the containment system during the Compliance Period, and for the first 12 months of operation of the containment system thereafter;

(c) monitoring of effluent and pumping rates from the groundwater treatment system. After the first twelve months of operation (not including the Compliance Period) of the containment system, the Respondents may propose a modification to the schedule above, for EPA approval. This proposal shall be made in the SAP.

The DEMONSTRATION OF COMPLIANCE PLAN shall also specify how the data collected under the SAP shall be evaluated. Such evaluations shall consist of:

(a) a determination of groundwater gradient, based on the data collected on the last day of the Compliance Period, and on the data collected on every 30th day thereafter. After the first twelve months of operation (not including the Compliance Period) of the containment system, the Respondents may propose a modification to the schedule for EPA approval;

(b) a comparison of the daily monitoring data collected each month with the corresponding monthly plot of water level measurements described in the preceding paragraph;

10

NTCRA2 SOW Attachment A SRSNE SITE

(c) an identification of all bedrock groundwater downgradient of the Operations Area, within the Area of Containment, which is not flowing in the direction of the groundwater containment system to be installed by the Respondents at the Site;

(d) an identification of the location(s) of the hydraulic divide(s); (e) an identification of all bedrock groundwater flow downgradient of

the hydraulic divide for each extraction well, which is not flowing in the direction of the extraction well;

(f) a plan for making adjustments to the groundwater containment system to maintain containment as demonstrated by plots of the bedrock groundwater flow gradients, including a plan for determining whether additional measures are necessary such as increasing pumping/extraction rates, installing additional extraction wells, and extending the coverage of the containment system;

(g) a description of how all ARARs shall be attained.

It is recognized that determining compliance in the bedrock is expected to be difficult, because of the fractured nature of the aquifer. Therefore, in the event that the Respondents determine, based upon the results of the pre-design studies, documented in the GROUNDWATER TECHNICAL MEMORANDUM, and approved by EPA, that the above requirements for the Demonstration of Compliance are unreasonable, the Respondents may propose an alternative approach. If an alternative approach is deemed to be necessary, the Respondents shall arrange a meeting with EPA to discuss the alternatives. The EPA's approval must be sought and granted prior to the development and submittal of the DEMONSTRATION OF COMPLIANCE PLAN. However, this requirement in no way modifies any schedule requirements of this SOW or any schedules approved pursuant to this SOW.

6. PROGRESS REPORTS

Within 30 days of the effective date of this Order the Respondents shall submit to EPA and CT DEP monthly PROGRESS REPORTS with Respondents' Certification. The PROGRESS REPORTS shall be submitted each month and shall summarize all activities that have been conducted that month and those planned for the next month. In addition, the PROGRESS REPORTS shall identify any problems encountered, including projected problems in meeting the

11

NTCRA2 SOW Attachment A SRSNE SITE

deadlines specified in the DESIGN AND STUDY SCHEDULE, if any. The PROGRESS REPORT shall be due by the 10th day of each month.

B. PROJECT MEETINGS

The Respondents and their contractors shall periodically meet with EPA during design to discuss the status of the design, present the results of any investigations, and to discuss any issues associated with the development of the design. CT DEP may attend these meetings. At least one week prior to the meeting, the Respondents shall submit to EPA and CT DEP an agenda for the meeting, a summary of the issues that will be discussed and any supporting information. To the extent possible, the dates for these meetings shall be specified in the DESIGN AND STUDY SCHEDULE required in Section V.A.1. of this SOW.

VI. IMPLEMENTATION PHASE

The Implementation Phase shall include implementation of the final design for the groundwater containment system. This section describes the Respondents' responsibilities for submitting deliverables and conducting project meetings during implementation.

A. DELIVERABLES

The Respondents shall submit the following deliverables to EPA and the CT DEP during the implementation of the groundwater containment system. Each deliverable: (a) shall be subject to review and approval or modification by EPA, pursuant to the procedures specified in Section XIV.A. of the Order (hereafter "EPA Review and Approval" or "EPA Approval"), or (b) shall be submitted by the Respondents to EPA and the CT DEP with the Respondents' Certification, pursuant to the procedures specified in Section XIV.B. of the Order (hereafter "Respondents' Certification").

1. Implementation Schedule 2. Implementation WORK PLAN 3. Progress Reports 4. Operations Plan 5. Notice of Initiation 6. Demonstration of Compliance Reports 7. Completion of Work Report

12

NTCRA2 SOW Attachment A SRSNE SITE

1. IMPLEMENTATION SCHEDULE

Within 14 days of EPA Approval of the 100% GROUNDWATER SYSTEM DESIGN, the Respondents shall submit an IMPLEMENTATION SCHEDULE for EPA Review and Approval, after reasonable opportunity for review and comment by CT DEP. The IMPLEMENTATION SCHEDULE shall identify the date for performance of all major milestones to be performed in order to implement the groundwater containment system, including the date for submission of all deliverables required by this section of the SOW. The IMPLEMENTATION SCHEDULE shall include the following deadlines:

a. The construction of the groundwater containment system shall be substantially completed, and initial system start-up shall begin, within 120 days of EPA Approval of the 100% GROUNDWATER SYSTEM DESIGN.

b. Construction of the groundwater containment system shall be completed, and the Performance Standards for the Groundwater Containment System shall be achieved, within 60 days of initial system start-up.

The Respondents must receive EPA Approval of the determination that construction is complete, and that the system is operating in compliance with the Performance Standards. Prior to receiving EPA Approval, the Respondents must perform a final inspection with EPA and submit their first DEMONSTRATION OF COMPLIANCE REPORT (as required by Section VI.A.6 of the SOW) demonstrating that the system is operating in compliance with the Performance Standards.

2. IMPLEMENTATION WORK PLAN

In accordance with the approved IMPLEMENTATION SCHEDULE, the Respondents shall submit to EPA and CT DEP an IMPLEMENTATION WORK PLAN with Respondents' Certification. The IMPLEMENTATION WORK PLAN shall include:

a. descriptions of all activities to be undertaken in connection with the construction and implementation of the groundwater system.

b. a Contingency Plan which shall specify the measures to be taken in the event of an accident or emergency to protect on-site construction workers and the local community; and,

13

NTCRA2 SOW Attachment A SRSNE SITE

c. a site-specific Health and Safety Plan (HSP). The Respondents shall prepare the HSP in accordance with Attachment C. The HSP shall address all actions to be performed pursuant to Section VI of this SOW.

3. PROGRESS REPORTS

Within 30 days of approval of the 100% GW Containment System Design, the Respondents shall submit to EPA and CT DEP monthly PROGRESS REPORTS with Respondents' Certification. Submittal of Design Phase Progress Reports may be discontinued at this time. The PROGRESS REPORTS shall be submitted each month and shall summarize all activities that have been conducted that month, those planned for the next month, the percentage of construction completed, problems encountered, including projected problems in meeting the IMPLEMENTATION SCHEDULE. PROGRESS REPORTS shall include photographs of the site activities. Photographs shall be labeled with the date, brief description of the activity, weather conditions and direction/orientation of the photograph. After completion of all construction activities, Respondents may, upon EPA Approval, reduce the frequency of submission of Progress Reports, or terminate their obligation to submit such reports. The PROGRESS REPORT shall be due by the 10th day of each month.

4. OPERATIONS PLAN FOR GROUNDWATER CONTAINMENT SYSTEM

Within the 75% construction complete date for the groundwater containment system, the Respondents shall submit to EPA and the CT DEP an OPERATIONS PLAN FOR GROUNDWATER CONTAINMENT SYSTEM with Respondents' Certification. The purpose of the plan shall be to ensure the continued effectiveness of the groundwater containment system following construction. This plan shall include, at a minimum, the following:

I. a description of normal operations and maintenance; ii. a description of potential operational problems; iii. a description of routine process monitoring and analysis for the purposes of system performance; iv. a description of contingency operation and monitoring; v. an operational safety plan; vi. a description of equipment; vii. annual operation and maintenance budget; viii. record keeping and reporting requirements;

14

NTCRA2 SOW Attachment A SRSNE SITE

ix. a well maintenance program including, at a minimum, the following: (a) a provision for prompt and proper abandonment, as appropriate, of

wells used during the implementation of the Removal Action; and, (b) a provision for inspection, continued maintenance and repair, and

abandonment, if necessary, of all wells used during the Removal Action.

5. NOTIFICATION OF INITIATION OF OPERATIONS OF THE GROUNDWATER CONTAINMENT SYSTEM

Within 120 days of EPA Approval of the 100% GROUNDWATER SYSTEM DESIGN, the Respondents shall submit to EPA and CT DEP a NOTIFICATION OF INITIATION OF OPERATIONS OF THE GROUNDWATER CONTAINMENT SYSTEM, with Respondents' Certification. By this deliverable, the Respondents shall notify EPA and CT DEP that construction of the groundwater containment system is substantially complete, and that the initial system start-up is ready to proceed. Upon the date of this notification, the Respondents shall initiate operations of the groundwater containment system.

Within 60 days thereafter, (or such other Compliance Period approved by EPA), and during the entire operation of the containment system thereafter, the Respondents shall achieve the Performance Standards for the groundwater containment system.

6. DEMONSTRATION OF COMPLIANCE REPORTS

Within seven (7) days of completion of the Compliance Period, and on a monthly basis thereafter, the Respondents shall submit DEMONSTRATION OF COMPLIANCE REPORTS for EPA Review and Approval, after reasonable opportunity for review and comment by the CT DEP. These reports shall include:

i. all information necessary to demonstrate compliance with the Performance Standards, collected and evaluated in accordance with the DEMONSTRATION OF COMPLIANCE PLAN;

ii. a description of all adjustments made to the groundwater containment system in accordance with the DEMONSTRATION OF COMPLIANCE PLAN; and,

15

NTCRA2 SOW Attachment A SRSNE SITE

iii. a conclusion regarding the status of compliance with all Performance Standards (including ARARs), the basis for such conclusion, and, in the case of non-compliance, the plans and schedule for achieving compliance in the future.

7. COMPLETION OF WORK REPORT

Within 45 days after completing all work required under the Order and this SOW, the Respondents shall submit the COMPLETION OF WORK REPORT for EPA Review and Approval, after reasonable opportunity for review and comment by the CT DEP. The COMPLETION OF WORK report shall satisfy the requirements of Section X of the Order and Section 300.165 of the NCP. In addition to the requirements set forth in the Order and the NCP, the COMPLETION OF WORK REPORT shall include:

i. a synopsis of the work defined in the SOW and certification that this work was performed;

ii. an explanation of any modifications to work in the SOW and why these were necessary for the project;

iii. as built drawings and specifications; iv. a synopsis of all DEMONSTRATION OF COMPLIANCE REPORTS

previously submitted; v. upon request by EPA, an identification of all activities necessary for the

transfer of operation of the groundwater containment system to persons other than the Respondents; and

vi. an updated, final version of the OPERATIONS PLAN FOR GROUNDWATER CONTAINMENT SYSTEM, submitted pursuant to Section VI.A.4. of the SOW.

8- POST-REMOVAL SITE CONTROL PLAN

In the event that EPA directs the Respondents to transfer the operation of the groundwater containment system to persons other than the Respondents pursuant to Paragraph 49 of the Order, the Respondents shall submit to EPA and CT DEP a POST-REMOVAL SITE CONTROL PLAN with Respondents' Certification. This plan shall address transition phase operations for transferring the operation of the containment system to the party that EPA identifies. Upon submission of the Plan, the Respondents shall perform the activities set forth in the Plan.

16

NTCRA2 SOW Attachment A SRSNE SITE

B. PROJECT MEETINGS

The Respondents and their contractors shall periodically meet with EPA during implementation of the Removal Action to discuss the status of the project, and to discuss any issues that arise. CT DEP may attend these meetings. At least one week prior to the meeting, the Respondents shall submit to EPA and the CT DEP an agenda for the meeting, a summary of the issues that will be discussed and any supporting information. To the extent possible, the dates for these meetings shall be specified in the IMPLEMENTATION SCHEDULE required by Section VIAL of this SOW.

17

ATTACHMENT B

STATEMENT OF WORK FOR

REMEDIAL INVESTIGATION/FEASIBILITY STUDY

ATTACHMENT B

STATEMENT OF WORK for

REMEDIAL INVESTIGATION/FEASIBILITY STUDY

SOLVENTS RECOVERY SERVICE OF NEW ENGLAND, INC. SUPERFUND SITE

RI/FS SOW - Attachment B SRSNE SITE

TABLE OF CONTENTS

SECTION 1: OBJECTIVES, REPORTING REQUIREMENTS, AND SCHEDULE . . . . 1 I. OBJECTIVES 1

A. Remedial Investigation 1 B. Feasibility Study 2

II. REPORTING REQUIREMENTS 2 III. SCHEDULE: STEPS ANC JELIVERABLES 3

A. RI/FS Deliverables 3 B. RI/FS Schedule 3

SECTION 2: SCOPING OF THE RI/FS 5 I. OBJECTIVES 5 II. DELIVERABLES 5

A. Overview 5 B. Project Operations Plan 6 C. Applicable or Relevant and Appropriate Requirements 7 D. Data Requirements for Potential Remedial Alternatives and Technologies

9 E. Proposed Site Characterization 10 F. Expanded Schedule for Remedial Investigation/Feasibility Study 10

SECTION 3: SITE CHARACTERIZATION 11 I. OBJECTIVES 11 II. SCHEDULE/DELIVERABLES 11 III. COMPONENTS OF THE SITE CHARACTERIZATION 12

A. Subsurface and Hydrogeological Investigations 12 1. Objectives 12 2. Work Plan Requirements 13 3. Reporting Requirements 13

B. Interim Monitoring and Sampling 14 1. Objectives 14 2. Work Plan Requirements 14

C. Groundwater Technical Impracticability Determination 15 D. Treatability and Pilot Studies 15

IV. DELIVERABLES 16

RI/FS SOW - Attachment B SRSNE SITE

SECTION 4: FEASIBILITY STUDY 18 I. OBJECTIVES 18

A. Development of Alternatives 18 B. Initial Screening of Alternatives 19 C. Reporting 21

III. DELIVERABLES 21 B. Draft Rl 22

SECTION 5: POST-SCREENING FIELD INVESTIGATION 23 I. OBJECTIVES 23 II. DETAILED ANALYSIS OF ALTERNATIVES 23

A. Analysis 23 B. Reporting 24

III. DELIVERABLES FROM POST-SCREENING FIELD INVESTIGATIONS 24 A. Draft RI/FS 24 B. Work Plan 25

SECTION 6: ADDITIONAL RI/FS DRAFTS, REVIEWS, AND REVISIONS 26

SECTION 7: ADDITIONAL REQUIREMENTS 26

RI/FS SOW - Attachment B SRSNE Site

SECTION 1: OBJECTIVES, REPORTING REQUIREMENTS, AND SCHEDULE

I. OBJECTIVES

The primary objective of the Remedial Investigation and Feasibility Study (RI/FS) shall be to assess Site conditions and evaluate alternatives to the extent necessary to select a remedy for the Site, as defined in the Administrative Order by Consent (Consent Order), that shall be consistent with the National Contingency Plan (NCP) and relevant guidance. The Rl and FS shall be conducted simultaneously as integrated, phased studies leading to selection of a remedy. The integration and phasing of the Rl and FS reflect the intent of EPA's developing policies for RI/FS studies as reflected in "Guidance for Conducting Remedial Investigation and Feasibility Studies Under CERCLA" (EPA/540/G-89/004, OSWER Directive 9355.3-01 October 1988) and the current National Contingency Plan (NCP) (40 CFR Part 300).

A. Remedial Investigation

The EPA has conducted a remedial investigation, and completed an Rl document dated May 1994 (1994 Rl). During subsequent development of a feasibility study, the EPA determined that there were significant data gaps which impeded making a final decision for the remedy at that time. Subsequently, the EPA decided to perform additional investigations to complete those data gaps, which the Solvents Recovery Service of New England Site in New England (SRSNE) Site PRP Group has agreed to perform.

The objectives of the remaining Rl investigations are to:

1. complete the definition of the source(s), nature, extent, and distribution of contaminants released from the SRSNE Site; and,

2. provide sufficient information to: evaluate remedial alternatives, conceptually design the remedial action, select a remedy, and issue a record of decision.

If EPA at any time during or after the RI/FS process determines that any of these objectives are not fully met, additional work plans, studies or other appropriate activities shall be designed and performed until EPA decides that no further investigation is necessary to adequately characterize the site and provide a basis for remedy selection, consistent with the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 as amended (CERCLA). EPA reserves the right to require any of these items be performed by the Respondents.

RI/FS SOW - Attachment B SRSNE Site

The procedures used to address the objectives listed above may include, but are not limited to, evaluating existing Site information including data generated by the Respondents, SRSNE, EPA, the State of Connecticut, and their respective contractors; identifying data gaps; performing field sampling and laboratory analyses; conducting bench scale and/or field pilot studies; and consulting applicable, or relevant and appropriate human health and environmental regulations and/or laws.

B. Feasibility Study

The FS includes, but is not limited to: conceptual designs, engineering analyses, cost analyses, and time frames for the achievement of site specific clean-up goals. The objectives of the FS are, without limitation, to:

1. review the applicability of various remedial technologies, including innovative technologies, to determine whether they are appropriate and technically implementable remedies for the Site;

2. determine if each alternative developed by combining applicable technologies is effective, by evaluating in the short and long term whether it is: (a) effective (b) implementable (c) cost effective, but cost shall only be used to evaluate alternatives of similar effectiveness;

3. evaluate each alternative or combination of alternatives through a detailed and comparative analysis based upon the nine (9) criteria listed in the Guidance for Conducting Remedial Investigations and Feasibility Studies Under CERCLA (EPA 540/G-89/004 OSWER Dir. 9355.3-01 October 1988) and any criteria identified in the effective NCP (40 CFR Part 300) or CERCLA as amended;

4. simultaneously provide direction to the Rl portions to ensure that sufficient data of the appropriate type is gathered to select a remedy based on the factors mentioned in the objectives listed above; and,

5. Identify the Remedial Action Objectives (RAOs) using EPA's Baseline Risk Assessment in the May, 1994 Rl, or any EPA, Region I approved revision to the Baseline Risk Assessment which may be appropriate due to new data, standards or guidance, and any new data collected or evaluated subsequently.

RI/FS SOW - Attachment B SRSNE Site

II. REPORTING REQUIREMENTS

All data, methods, and interpretations must be:

A. scientifically and technically sound with all assumptions, biases, potential deficiencies, safety factors, and design criteria explicitly stated;

B. discussed with observations and interpretation clearly identifiable and distinguishable;

C. discussed with all supporting reference material clearly identified and included; D. concisely illustrated and presented in separate graphs, charts, maps, plans and/or

cross-sections where possible so that the text provides a discussion of such illustrations;

E. linked to each and every objective for which they were completed and to which they are applicable; and,

F. sufficient to satisfy the objectives of the Rl and FS listed above.

III. SCHEDULE: STEPS AND DELIVERABLES

A. RI/FS Deliverables

Deliverables for each step of the RI/FS are shown on Table 1. The actual number of deliverables may vary depending upon: 1. the types of deliverables proposed by Respondents; 2. tasks within RI/FS steps; 3. revisions based on EPA review; 4. requests for additional field studies, analyses, and documentation by EPA or the

Respondents; and, 5. the quality and completeness of Respondents' work.

EPA will consult with the State of Connecticut in its review of each major deliverable; however EPA retains the authority to approve or disapprove the deliverables.

B. RI/FS Schedule

Initiation of the schedule for the Respondents to complete the scoping of the RI/FS and deliver the Work Plan for the RI/FS shall be triggered by the Effective Date of the Consent Order to perform the RI/FS. Initiation of the other phases of the RI/FS shall be triggered by notice from EPA..

RI/FS SOW - Attachment B SRSNE Site

STEP

1. Scoping the RI/FS

2. Field Work

3. Post-screening Field Investigation & FS Development

4. Additional RI/FS Drafts, Reviews, and Revisions

TABLE 1

DELIVERABLE

Work Plan for the RI/FS Completion

Draft Rl, Development and Initial Screening of Alternatives Report

First draft FS,

Second draft Rl FS, and subsequent drafts until final is accepted by EPA

DUE DATE

4 weeks after the effective date of the Consent Order

As required by EPA Approved Detailed Project Schedule

16 weeks after EPA notice to proceed with Step 3

to be determined by EPA

RI/FS SOW - Attachment B SRSNE Site

SECTION 2: SCOPING OF THE RI/FS

I. OBJECTIVES

The scoping of the RI/FS shall ensure that the Respondents:

A. understand the objectives of the RI/FS; B. develop procedures to meet the RI/FS objectives, including those for field

activities; C. initiate the identification of federal or state Applicable or Relevant and

Appropriate Requirements (ARARs) which shall provide criteria for remedy selection at the Site;

D. assemble and evaluate existing data, identify data gaps, and resolve inconsistencies, and fill data gaps where possible;

E. develop a conceptual understanding of the Site based on the evaluation of existing data and all newly acquired data;

F. identify likely response scenarios and potentially applicable technologies that may address Site problems;

G. identify the type, quality and quantity of the data needed to assess potential remedial technologies, to evaluate technologies that may be combined to form remedial alternatives, and to support decisions regarding remedial response activities;

H. develop sampling and analysis plans that shall provide a process for obtaining data of sufficient quality and quantity to satisfy data needs; and

I. draft the negotiated expanded schedule which shows the flow of studies and the submission of deliverables.

II. DELIVERABLES

A. Overview

A Work Plan shall be developed to scope the RI/FS, which shall be revised as necessary, and submitted prior to each subsequent phase of work. This Work Plan shall include the following sections: 1. Project Operations Plan; 2. Applicable or Relevant and Appropriate Requirements (ARARs); 3. Data Requirements of Potential Remedial Alternatives and Technologies; 4. Proposed Site Characterization 5. Expanded Schedule for the RI/FS.

RI/FS SOW - Attachment B SRSNESite

B. Project Operations Plan

Before beginning the remedial investigation field activities, several site-specific plans shall be written to establish procedures to be followed by the Respondents in performing field, laboratory, and analysis work and community and agency liaison activities. These site-specific plans include the:

1. Sampling and Analysis Plan (SAP) which includes the Field Sampling Plan (FSP) and the Quality Assurance Project Plan (QAPP); and,

2. Health and Safety Plan (HSP).

These plans shall be prepared in accordance with Appendix F to this SOW, and may consist of, or include all or portions of, such plans previously developed by HNUS on behalf of EPA. The plans are subject to EPA review, subsequent requests by EPA for revision, and rewriting by the Respondents before the commencement of Rl field work at the Site. The Respondents may utilize existing plans, with revisions as necessary.

The Respondents shall modify the format and scope of each plan as needed to describe the sampling, analyses, and other activities that are clarified as the RI/FS progresses. These activities include on-site pilot studies of remedial treatments, laboratory bench scale studies, and subsequent rounds of field sampling. The scopes of these activities may be modified at any time during the RI/FS by EPA, or the Respondents may propose to modify the scopes, and then implement the modified scope with the approval of EPA in response to the evaluation of RI/FS results, changes in RI/FS requirements, and other developments or circumstances.

As part of the Project Operations Plan, Respondents shall include, at a minimum: a. communication to EPA, CT DEP, and the public the organization and

management of the RI/FS, including key personnel and their responsibilities; b. provisions to provide regular financial reports of Respondents expenditures .

on RI/FS activities to EPA; c. provision for the proper disposal of materials used and wastes generated

during the RI/FS (e.g., drill cuttings, extracted ground water, protective clothing, disposable equipment). These provisions shall be consistent with the offsite disposal aspects of SARA, RCRA, and applicable state laws. The Respondents, a representative of the Respondents, or another party acceptable to EPA shall be identified as the generator of wastes for the purpose of regulatory or policy compliance;

d. plans and procedures for organizing, manipulating, and presenting the data generated and for verifying its quality before and during the RI/FS. These

RI/FS SOW - AttachmentB SRSNE Site

plans shall include the description of the proposed computer data base management system that is compatible with hardware and software available to EPA Region I personnel for handling media-specific sampling results obtained before and during the RI/FS. The description shall include data input fields, examples of data base management output from the coding of all pre-RI/FS sample data, appropriate quality assurance/quality control to ensure accuracy, and capabilities of data manipulation. To the degree possible, the data base management parameters shall be compatible with the EPA Region I data storage and analysis system.

Respondents shall support EPA in community relations activities. Discussion of this support shall also be included in the Project Operations Plan. This support shall be at the request of EPA and may include, at a minimum:

a. participation in public informational or technical meetings, including the provision of visual aids and equipment;

b. publication and copying of fact sheets or updates; and c. assistance in preparing a responsiveness summary after the RI/FS public

comment period.

C. Applicable or Relevant and Appropriate Requirements

Applicable requirements are those cleanup standards, standards of control, and other substantive requirements, criteria, or limitations promulgated under Federal environmental or State environmental or facility siting laws that specifically address a hazardous substance, pollutant, contaminant, remedial action, location, or other circumstances at a CERCLA site. Relevant and appropriate requirements are those cleanup standards, standards of control, and other substantive requirements, criteria, or limitations promulgated under Federal or State environmental or facility siting laws that, while not applicable to a hazardous substance, pollutant, contaminant, remedial action, location, or other circumstances at a CERCLA site, address problems or situations sufficiently similar to those encountered at the CERCLA Site that their use is well suited to the particular site.

Location specific ARARs have already been developed for the site, and are presented in the EPA's November, 1994 Engineering Evaluation/Cost Analysis (EE/CA). Respondents shall begin with these ARARs and identify all additional or different ARARs that might apply as the same may be modified by statute or regulation.

In addition to ARARs, the Respondents shall also make preliminary determinations on the extent that other publicly available criteria, advisories, and guidances are

RI/FS SOW - Attachment B SRSNE Site

pertinent to the hazardous substances, location of the Site, and remedial actions. ARARs and other criteria, advisories, and guidances shall be:

1. considered in terms of their chemical-specific, location-specific, and action-specific attributes;

2. evaluated for each medium (surface water, ground water, sediment, soil, air, biota, and facilities), particularly for chemical-specific ARARs, but including other ARARs as appropriate;

3. distinguished for each technology considered, particularly for action-specific ARARs, but including other ARARs as appropriate; and

4. considered at each major step of the RI/FS where they are indicated.

In general, identification of chemical and location specific ARARs is more important in the beginning steps of the RI/FS, whereas the identification of action-specific ARARs gain importance later, during the more FS-oriented steps. If B requirement is determined to be not applicable, the Respondents shall subsequently consider whether it is relevant and appropriate. When any new site-specific information becomes available, ARARs should be re-examined.

Data requirements in terms of physical and chemical characteristics needed to evaluate ARARs shall be considered as part of the scoping. Such requirements may include but are not limited to chemical residuals, background levels, or various modeling parameters. Such data requirements shall be satisfied during Phase I of the Rl to the extent possible, rather than during the later phases of the RI/FS. The Respondents shall identify attributes necessary to achieve specific levels or goals, and include appropriate procedures in the Site Characterization discussed in Section 3.

The following shall be consulted during the ARAR identification process:

- CERCLA Compliance with Other Laws Manual: Draft Guidance (August 1988, EPA/540/G-89/006).

- CERCLA Compliance with Other Laws Manual: Part II. Clean Air Act and Other Environmental Statutes and State Requirements (August 1989, EPA/540/G-89/009).

In addition, Section 4 of Guidance of Feasibility Studies Under CERCLA (EPA, 1985c-EPA/540/G-85/003), and Appendix E of the Guidance for Conducting Remedial Investigations and Feasibility Studies Under CERCLA (EPA/540/G­89/004.0SWER Directive 9355.3-01, EPA October 1988) present a partial list of potential ARARs. Additional ARARs must be sought by the Respondents during

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a thorough search of applicable Federal and State environmental statutes and regulations.

The Respondents shall identify all site-specific ARARs. The EPA shall have final authority in deciding which ARARs are retained or added for consideration, and the extent to which they must be considered in remedy selection. Sufficient justifications for incorporating or dropping a requirement shall be provided at each step where such decisions (by EPA) are made.

D. Data Requirements for Potential Remedial Alternatives and Technologies

Potential Remedial Action objectives shall be identified for each contaminated medium, and a preliminary range of remedial action alternatives and associated technologies shall be identified. The Respondents shall identify, consistent with the NCP and applicable guidance, a reasonable number of potential technologies that are likely to be useful in remediating affected media. The Respondents shall identify the various technologies, showing the critical data needed to evaluate such technologies, and the performance of technologies grouped into an alternative. These data requirements shall be initially developed during the Work Plan for the RI/FS and shall be further incorporated in all subsequent field investigation Work Plans.

In addition to the common data requirements, any other data necessary to evaluate a particular technology or alternative leading to remedy selection shall be noted in the Work Plan and subsequently integrated into each field investigation. The EPA Guidance on Conducting Remedial Investigations and Feasibility Studies Under CERCLA. (EPA/540/G-89/004, OSWER Directive 9355.3-01, EPA October 1988), and the Technology Screening Guide for Treatment of CERCLA Soils and Sludges. (EPA/540/2-88/004, September 1988), and Evaluation of Technologies for In-Situ Cleanup of DNAPL Contaminated Site. (EPA/600/R-94/120, August 1994) shall be sources of additional information on identifying alternative remedies and potential innovative technologies.

A preliminary list of broadly defined alternatives shall be developed by the Respondents. Consistent with Sections 4 and 5 of this document, this list shall include a range of alternatives in which treatment that significantly reduces the toxicity, mobility, or volume of waste is a principal element; one or more alternatives that involve containment with little or no treatment; and a no-action alternative. The Respondents shall present a chart, or a series of charts, showing the requirements and technologies to be considered for remedial alternatives. In the charts, data requirements shall be linked to the Work Plans for each field investigation.

RI/FS SOW - Attachment B SRSNE Site

E. Proposed Site Characterization

The Proposed Site Characterization shall be developed in accordance with Section 3 of this SOW, and shall include the following components: - Subsurface and hydrogeological investigations - Interim monitoring and sampling - Groundwater technical impracticability determination - Treatability and pilot studies (if necessary for the initial evaluation of alternatives)

F. Expanded Schedule for Remedial Investigation/Feasibility Study

The major predetermined deliverables are identified in Table 1. The established schedule along with a more detailed, expanded schedule for subtasks shall be included as a component of the Work Plan for the RI/FS. Modifications of the schedule must be approved by EPA prior to implementation.

The schedule shall be presented as a chart, which shall include target data and time periods for each deliverable, to the extent possible. The chart shall be updated when the schedule changes by showing the original (planned) due date and revisions of the due date. The chart shall be formatted using the "critical path" method, which clearly links each task or subtask to completion or approval of a prior task, where appropriate. The chart shall be consistent with, and clearly show which Rl tasks are linked to, the NTCRA2 schedule.

An updated copy of the schedule shall be in the preface of each major deliverable of the RI/FS and in each monthly progress report required by the RI/FS agreement.

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SECTION 3: SITE CHARACTERIZATION

I. OBJECTIVES

The objectives of this site characterization shall be to fill in the data gaps from the 1994 Rl, and to collect all field data which is necessary for the Feasibility Study (FS) and sufficient to select a remedy. The Respondents shall characterize and/or describe the following, at a minimum:

1. hydrogeologic factors (e.g., depth to groundwater table, hydraulic gradients, hydraulic conductivity; proximity to residential wells, flood plains, and wetlands);

2. extent to which the hazardous substances have migrated or are expected to migrate from their original location on the SRSNE Site;

3. extent to which buildings, foundations, or other underground structures contain or overlie hazardous substances or contaminant plumes and the potential for decontaminating them;

4. contribution to the contamination of air, land, water, and the food chain; 5. surface water classifications and existing use designations; 6. ground-water characteristics and current and potential ground-water uses (e.g.,

characteristics related to the ground-water classes described in the Ground Water Protection Strategy. (EPA, 1984), and in Ground Water Use and Value Determination Guidance (EPA, New England, 1995));

7. potential extent and risk of future releases of substances or residuals remaining onsite;

8. characteristics or classifications of air, surface water, and groundwater; and, 9. obtain sufficient data to complete a Technical Impracticability evaluation.

Using this information, the Respondents shall further define the boundaries of the RI/FS study area by identifying and characterizing the extent of existing contaminants and of environmental effects resulting from releases from the Site. The Site characterization shall provide information sufficient to refine the preliminary identification of potentially feasible remedial technologies and ARARs.

II. SCHEDULE/DELIVERABLES

Respondents shall initiate the site characterization study upon EPA's approval of their Work plan for the RI/FS and notification to proceed. In planning the work, the Respondents shall provide, for EPA's review, proposed deviations from the procedures approved in the work plan before making changes in the field.

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The Respondents shall meet with EPA and CT DEP upon completion of all investigatory activities and discuss the preliminary review of the data collected, and the need for further characterization prior to preparation of the draft Rl Report. If additional data is deemed to be necessary, or upon conclusion of the additional studies, the Respondents shall propose additional studies, and implement them upon EPA approval. The EPA reserves the right to request a hard copy of the data at the time of the meeting.

If no additional data is necessary, or upon conclusion of the additional studies, Respondents shall prepare a draft Rl Report, which meets the reporting requirements in this section. The draft Rl Report shall be submitted consistent with the schedule (Table 1 of this document).

III. COMPONENTS OF THE SITE CHARACTERIZATION

A. Subsurface and Hydrogeological Investigations

1. Objectives

The Respondents shall plan, conduct, and report subsurface and hydrogeological investigations sufficient to characterize and/or describe, at a minimum, the following:

a. the nature, extent, and estimated mass of contamination sufficiently to define the boundaries of all contaminant plumes , including dissolved and NAPL phases, originating from the SRSNE Site, and to delineate to the extent practicable, the contamination in three dimensions in the overburden and bedrock aquifers;

b. a quantitative estimate of the number of years necessary to achieve clean-up goals for groundwater extraction and treatment remedial alternatives;

c. the routes of groundwater migration, transport rates, and receptors. Also specifically determine the locations, flow rates, contaminant concentrations, and variability for discharge to bodies of surface water;

d. the seasonal fluctuations in the water table, flow gradients, and contaminant concentrations, simultaneously with other factors such as precipitation, run-off, and stream flow;

e. the condition of existing monitoring wells and the need to replace or destroy them or a portion of their installation materials;

f. the construction, location, and proximity, of residential, municipal, and previously installed monitoring wells;

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g. the extent to which the hazardous substances will migrate once the limits of plumes are determined (if modeling studies are involved, the parameters, assumptions, accuracy, contingencies of the studies must be explicitly stated, and a plan established to verify the modeling if a significant risk is indicated for a specific population or environment);

h. a review and illustration of groundwater classifications (the need for institutional controls on ground-water use, considering such controls as adjuncts to remedial action, must be assessed); and,

2. Work Plan Requirements

The Respondents shall design investigations that are sufficient to fully address the objectives listed above and others that may arise during the RI/FS. The plan for the subsurface and hydrogeological investigations shall be presented in the FSP. The FSP shall also describe the locations, methods, field forms, procedures, and types of analyses to be used in performing the subsurface and hydrogeological investigations. This description shall include specific drilling methods and protocol to be used. The Ground Water Technical Enforcement Guidance Document (OSWER Directive 9950, Sept. 1986) and the Guidance on Remedial Actions for Contaminated Ground Water at Suoerfund Sites (OSWER Dir. 9283.1-2 Final Review Draft, EPA, August 1988) shall provide the framework for these investigations. The plan shall clearly show the relations between the objectives and the studies to be performed (see Sections 1 and 3). The plan shall provide for EPA review of deviations from the Work Plan procedures due to unforeseen field conditions. The plan shall allow additional work contingent on the results of the studies described in the Work Plan for the RI/FS.

3. Reporting Requirements

For the subsurface and hydrogeological investigations, the Respondents shall present the results and describe the actual procedures (especially when the actual procedures differ from those in the work plan) in a section of the Site Characterization Report. The section shall contain all data, analyses, maps, cross sections, and charts necessary to meet the objectives for which the investigations were performed. Illustrations shall clearly identify the data points, values, and the degree of interpolation or extrapolation necessary to draw conclusions.

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B. Interim Monitoring and Sampling

1. Objectives

The Respondents shall monitor the groundwater to determine the long-term changes in the nature, extent, quantity, seasonal variability, climatological influence, environmental fate and transport, background levels, and migration pathways for each contaminant at the Site. Interim monitoring and sampling shall commence with the initial field work and continue to the issuance of the ROD.

2. Work Plan Requirements

The Respondents shall submit a plan and schedule for periodically sampling and monitoring contaminants in ground water on a long-term basis. The Interim Monitoring and Sampling Plan shall be submitted as part of the Work Plan for the RI/FS. The plan shall include provisions for needed expansions of the type, quantity, and coverage of the monitoring.

The plan shall also include a thorough discussion of the statistical and mathematical techniques to be used in comparing the results of each sampling round to previous sampling results, if appropriate. Notable differences shall be explained and resolved by repeating sampling and analyses, if necessary. The plan shall be consistent with the procedures and requirements established in the Project Operations Plan (Section 2), the overall objectives (Section 1), and the other components of the site characterization (Section 3). The plan shall accommodate expansion, including further studies that may be required by EPA. The plan shall also allow for EPA review before deviating from the original work plan specifications for field work.

Plans shall be developed for groundwater (including selected residential wells), potentially affected by contaminants released from the Site. The long-term monitoring, for the most part, shall be separate and in addition to the site-specific studies.

3. Reporting Requirements

Results shall be presented after the sampling and in accordance with the procedures described in the Project Operations Plan (Section 2). Results of each round of sampling shall be statistically and mathematically compared with

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results of previous rounds. Deviations and trends shall be illustrated and explained, if possible.

C. Groundwater Technical Impracticability Determination

1. Objectives

The Respondents shall develop, as part of the Work plan for the RI/FS, the data requirements and evaluation methods for a groundwater technical impracticability (Tl) determination to support an ARAR waiver. The data requirements and evaluation methods shall be developed consistent with all applicable EPA guidance on Tl determinations, including the Guidance for Evaluating the Technical Impracticability of Ground-Water Restoration. (OSWER Directive 9234.2-25, September 1993).

2. Work Plan Requirements

The Respondents shall submit a plan for collecting the necessary information to support a Tl determination. The plan shall address the type and quantity of data to be collected and the procedures and evaluation methods for determining the area! extent of the waiver, and shall be submitted as part of the Rl Work plan.

An initial meeting shall be held to review the scope of the Tl Work plan and to delineate the specific criteria for determining Tl.

3. Reporting Requirements

The data evaluation for the Tl determination shall be presented in a separate report summarizing the data collected, analysis of the data, and the conclusions and recommendations of the Respondents.

D. Treatability and Pilot Studies

1. Objectives

The objective of the treatability and pilot studies is to obtain the information necessary to evaluate the effectiveness of potential remedial treatment technologies. The Respondents previously conducted some such studies as part of the NTCRA 1 work. If directed by EPA, the Respondents shall conduct laboratory-scale simulations of treatment processes in order to evaluate the treatability of contaminated ground water and soils. Treatability and/or pilot

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studies may also be necessary in order to evaluate the various treatment options, which may include biological treatments, physical separation, chemical conditioning, and in situ treatments.

The data from additional sampling programs and previously published data on the Site, such as the NTCRA1 Soil and Groundwater Studies Report may be sufficient to develop a well-designed Treatability and/or pilot program. Before dynamic modeling, bench-scale tests may be performed to establish the "preliminary" treatability of contaminated media. Through the bench-scale tests, the Respondents may initially evaluate the applicability of treatments. Treatability studies to determine the most effective technologies to remediate the contaminant plume and protect the public water supplies, if required, shall be initiated as early as possible but no later than the Post Screening Field Investigation.

The treatability studies may be conducted at any time during the Rl upon approval of EPA. If appropriate, EPA may require treatability or pilot studies at any time during the RI/FS.

2. Work Plan Requirements

The Respondents shall review the need for treatability and pilot studies with respect to the "Data Requirements of Potential Remedial Alternatives and Technologies" section of the Rl Work plan, and shall include this review in the Rl Work plan. A Treatability Study Work Plan shall be submitted to EPA for approval prior to the performance of treatability and pilot studies or upon the request of EPA. The Treatability Study Work Plan must clearly define the purpose of the study and include a detailed test plan including drawings and a step-by-step procedure, if applicable.

3. Reporting Requirements

Results of treatability and pilot studies shall be submitted to EPA in the form of a report describing methods, analyses, and results.

IV. DELIVERABLES

The Respondents shall submit a draft Remedial Investigation Report which shall present the results of the four studies outlined above in this section, The report shall include the methods, data gathered and analyses of results. The Respondents shall evaluate how well the studies satisfy the objectives of the RI/FS (Section 1), the site

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characterization (Section 3), and the objectives stated in study descriptions (Section 3). The report shall also explain differences between the actual field work and the work specified by the Work plans. Deficiencies in satisfying the objectives shall be clearly stated. Compilations of data shall be presented in formats that can accommodate the results of additional studies. The Respondents shall provide data compilations on computer data bases that are compatible with those used by EPA Region I. The Respondents shall work closely with EPA during the development of the data bases.

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SECTION 4: FEASIBILITY STUDY

I. OBJECTIVES

The Respondents shall develop a Feasibility Study, consistent with all applicable guidance.

II. THE DEVELOPMENT AND INITIAL SCREENING OF ALTERNATIVES

A. Development of Alternatives

The Respondents shall develop an appropriate range of waste management options in a manner consistent with the National Contingency Plan (NCP) (40 CFR Part 300), the Guidance for Conducting Remedial Investigations and Feasibility Studies Under CERCLA (OSWER Directive 9355.3-01), and any format or guidance provided by EPA Region I. Alternatives for remediation shall be developed by assembling combinations of technologies (including innovative ones) and the media to which they would be applied, into alternatives that address contamination at the Site or for an identified operable unit.

1. Objectives

Alternatives shall be developed that:

a. protect human health and the environment by recycling waste or by, eliminating, reducing, and/or controlling risks to human health and the environment posed through each pathway at the Site;

b. consider the long-term uncertainties associated with land disposal; c. consider the goals, objectives, and requirements of the Solid Waste Disposal

Act; d. consider the persistence, toxicity, mobility, and propensity to bioaccumulate

of hazardous substances and their constituents; e. consider the short and long term potential for human exposure; f. consider the potential threat to human health and the environment if the

remedial alternative proposed was to fail; and, g. consider the threat to human health and the environment associated with the

excavation, transportation, and redisposal or containment of contaminated substances and/or media.

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2. Development

In addition, the Respondents shall perform, at a minimum, the following activities:

a. development of remedial action objectives specifying the contaminants and media of concern, potential exposure pathways, and preliminary remediation goals that are based on chemical specific ARARs, EPA risk assessments, and Site characterization data;

b. development of response actions for each medium of interest defining engineering, institutional controls, treatment, excavation, pumping, or other actions, separately and in combinations;

c. identification of volumes or areas of media to which response actions shall apply;

d. identification and screening of technologies, including innovative ones, that would be applicable to each response action;

e. identification and evaluation of technology process options; f. assembly of the selected technologies into alternatives representing a range

of treatment and containment options; and g. identification and evaluation of all the handling, treatment, and final disposal

of all treatment residuals (e.g., ash, decontaminated soil, sludge, decontamination fluids).

B. Initial Screening of Alternatives

1. Criteria

In screening the alternatives, the Respondents shall consider, but not be limited to, the short and long term aspects of the following three criteria:

Effectiveness. This criterion focuses on the degree to which an alternative reduces toxicity, mobility, or volume through treatment; minimizes residual risks and affords long-term protection; complies with ARARs, and minimizes short-term impacts. It also focuses on how quickly the alternative achieves protection with a minimum of short-term impact in comparison to how quickly the protection shall be achieved.

Implementabilitv. This criterion focuses on the technical feasibility and availability of the technologies that each alternative would employ and the administrative feasibility of implementing the alternative.

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Cost. The costs of construction and any long-term costs to operate and maintain the alternatives shall be considered.

2. Range of Alternatives

The Respondents shall develop a series of alternatives for the site including, but not limited to, the following:

a. An alternative that throughout the entire soil, source, and/or groundwater plume reduces the contaminant concentrations to meet, or is lower than, all MCLs, ARARs, and a 10/6 excess cancer risk for appropriate exposure and current and future use scenarios. It shall achieve this objective as rapidly as possible and shall require no long-term maintenance.

b. A no action alternative that would rely solely upon natural attenuation to meet clean-up standards. This may be "no further action", if some removal or remedial action has already occurred at the Site.

c. An alternative which incorporates the ARAR waiver of the technical impracticability of groundwater restoration for a portion of the groundwater plume. This alternative must clearly present the area! limits of the waiver, and options for restoration of the dissolved plume.

d. For source control actions, as appropriate:

i. A range of alternatives in which treatment that reduces the toxicity, mobility, or volume of the hazardous substances, pollutants, or contaminants is a principal element. As appropriate, this range shall include an alternative that removes or destroys hazardous substances, pollutants, or contaminants to the maximum extent feasible, eliminating or minimizing, to the degree possible, the need for long-term management. The respondents also shall develop, as appropriate, other alternatives which, at a minimum, treat the principal threats posed by the Site but vary in the degree of treatment employed and the quantities and characteristics of the treatment residuals and untreated waste that must be managed; and,

ii. One or more alternatives that involve little or no treatment, but provide protection of human health and the environment primarily by preventing or controlling exposure to hazardous substances, pollutants, or contaminants through engineering controls, for example, containment,

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and, as necessary, institutional controls to protect human health and the environment and to assure continued effectiveness of the response action.

e. For groundwater response actions in the dissolved portion of the plume, the Respondents shall develop a limited number of remedial alternatives that attain site-specific remediation levels within different restoration time periods utilizing one or more different technologies if they offer the potential for comparable or superior performance or implementability; fewer or lesser adverse impacts than others available approached; or lower costs for similar levels of performance than demonstrated treatment technologies.

The Respondents shall give special consideration to innovative technologies. One or more such technologies shall be evaluated beyond the initial screening. An alternative that involves no need for long-term maintenance and the no action alternative shall be carried through the development and screening and shall be analyzed during the Detailed Analysis of Alternatives.

C. Reporting

All alternatives shall be presented in the Development and Initial Screening Report (section 4.III.A). If an alternative is to be eliminated it must be screened out for clearly stated reasons contained in the NCR (40 CFR Part 300) and other EPA guidances.

DELIVERABLES

A. Development and Initial Screening of Alternatives Report

A Development and Initial Screening of Alternatives Report shall be submitted to EPA for review. The report shall contain a chart of all alternatives and the analysis of the basic factors described in Section 4.11. The report shall justify deleting, refining, or adding alternatives. It shall also identify the additional data needed if any, to select a remedy and the work plans for studies designed to obtain the data. The report shall contain charts, graphs, and other graphics to display the effectiveness of the alternatives including but not limited to:

1. maps showing the three-dimensional extent of soil and groundwater contamination across the Site;

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2. maps showing equal concentration lines for various potential soil and groundwater clean-up levels and correlated to the 10"* through 10/6 cancer risks for appropriate exposure and current and future use scenarios;

3. graphs of soil volume to be treated or removed plotted against concentration; and,

4. graphs showing the predicted concentration reduction over time for potential ground water remedial alternatives.

B. Draft Rl

A Draft Remedial Investigation Report (Draft Rl) shall be prepared by the Respondents and submitted to EPA for review. The Draft Rl shall describe and display in appropriate maps, tables, and figures, any results from the pre RI/FS sampling, the Field Investigations, and parallel samples taken by EPA or CT DEP available to the Respondents. The Draft Rl shall meet the requirements and objectives of the National Contingency Plan, the Guidance for Conducting Remedial Investigations and Feasibility Studies Under CERCLA (EPA/540/G-89/004, OSWER Directive 9355.3-01, October 1988), and Sections 1, 2, 3, and 4 of this Statement of Work.

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SECTION 5: POST-SCREENING FIELD INVESTIGATION

I. OBJECTIVES

The purpose and objective of this phase is to provide the information required to fill all relevant data gaps and to provide the information necessary to perform the detailed analysis of alternatives and to prepare the first draft RI/FS. This may include, but not be limited to, bench and pilot studies of potential technologies, literature searches, and field investigations. Field investigations must be performed by the Respondents, if information relevant to the selection of a remedial action alternative is not sufficient to perform a detailed analysis of alternatives that shall result in a remedy consistent with the National Contingency Plan. The Respondents must also perform additional field investigations if new areas of concern are identified that require characterization to accurately define the Site boundaries.

II. DETAILED ANALYSIS OF ALTERNATIVES

A. Analysis

The detailed analysis of alternatives consists of an assessment of individual alternatives against each of the nine (9) evaluation criteria and a comparative analysis that focuses upon the relative performance of each alternative against those criteria. The analysis shall be consistent with the National Contingency Plan (NCP) (40 CFR Part 300) and shall consider the Guidance for Conducting Remedial Investigations and Feasibility Studies under CERCLA (OSWER Directive 9355.3­01). The nine criteria are as follows:

1. Overall protection of human health and the environment 2. Compliance with ARARs 3. Long term effectiveness and permanence 4. Reduction of toxicity, mobility, or volume through treatment 5. Short term effectiveness 6. Implementability 7. Cost 8. State Acceptance 9. Community Acceptance

Criteria one (1) and two (2) from the above list are considered threshold criteria. This means that an alternative must meet these two (2) criteria or must contain a statutory basis for waiving compliance with specific ARARs in order for it to be

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eligible for selection. Criteria three (3) through seven (7) on the above list are considered primary balancing criteria. These five (5) criteria are used to further evaluate alternatives that satisfy the threshold criteria. The final two (2) criteria, state acceptance and community acceptance, are modifying criteria that shall be considered by EPA in remedy selections.

B. Reporting

The detailed analysis of alternatives, which shall be presented in the FS, shall contain the following:

1. further definition of each alternative with respect to the volumes or areas of contaminated media to be addressed, the technologies to be used, and any performance requirements associated with those technologies;

2. a process scheme for each alternative which describes how each process stream, waste stream, emission residual, or treatment product shall be handled, treated and/or disposed;

3. an assessment and a summary profile of each alternative against the nine (9) evaluation criteria; and

4. a comparative analysis among the alternatives to assess the relative performance of each alternative with respect to each evaluation criterion.

DELIVERABLES FROM POST-SCREENING FIELD INVESTIGATIONS

A. Draft RI/FS

Respondents shall submit a complete Draft Remedial Investigation/Feasibility Study to EPA for review after completing the Post-Screening Field Investigation. This and any subsequent drafts of the RI/FS shall conform to the NCP (40 CFR Part 300), the Guidance for Conducting Remedial Investigations and Feasibility Studies Under CERCLA (EPA/540/G-89/004, OSWER Directive 9355.3-01, October 1988), and any additional format, guidance, or examples provided by EPA. The FS section shall include a chart that delineates each criteria listed in Section 5.II. for each alternative. Other graphics shall be included that allow for comparisons of multiple alternatives at various risk, cost, and clean-up levels of soil, sediment, or water. These include but are not limited to graphs of the cost of potential remediation alternatives plotted against a range of soil clean-up levels; graphs of soil/sediment/waste volumes plotted against a range of soil clean-up volumes; and projected ground water and surface water concentrations plotted against time for ground water and surface water alternatives. The Respondents shall compare the

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alternatives by using the listed criteria and other appropriate criteria consistent with the National Contingency Plan and all previous Sections of this Statement of Work.

B. Work Plan

If EPA or the Respondents deem that additional studies are needed, the Respondents shall submit a work plan for approval by EPA, and perform the studies consistent with an EPA approved work plan.

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RI/FS SOW - Attachment B SRSNE Site

SECTION 6: ADDITIONAL RI/FS DRAFTS, REVIEWS, AND REVISIONS

The Respondents shall be prepared to submit work plans and perform studies and/or revise the RI/FS, if necessary to address any deficiencies identified by EPA, until a record of decision is signed. Following EPA comments on the First Draft RI/FS, the Respondents shall prepare a Second Draft RI/FS incorporating all EPA comments and requested changes. Depending on Site conditions, the acceptability of the latest Draft RI/FS, or other conditions, EPA may request any number of draft RI/FS's until a Draft RI/FS is produced which EPA determines is satisfactory for public comment.

When EPA determines that no other studies or RI/FS Drafts are needed, the most recent Respondents' Draft RI/FS shall be considered the Final Draft Remedial Investigation/Feasibility Study (Figure 1). The Final Draft Remedial Investigation/Feasibility Study shall be submitted for public comment by EPA.

After the public comment period, the Respondents shall assist EPA in preparing a responsiveness summary. This assistance shall include, but not be limited to, providing EPA with draft responses to any comments provided by EPA to the Respondents within a reasonable time period to be specified by EPA, but not less than two weeks of the date EPA provides the comments to the Respondents. If EPA seeks assistance from the Respondents for numerous or extensive comments and an extension is requested by the Respondents, EPA shall extend the two week deadline by an appropriate time period.

SECTION 7: ADDITIONAL REQUIREMENTS

The Respondents shall also submit to EPA a plan for regular identification and abandonment of obsolete or non-functional wells in the vicinity of the site. Wells that pose a threat as a conduit for contamination to travel to the bedrock should be targeted. For each round of well abandonment, the Respondents shall submit the following, for EPA approval:

1. Abandonment work plan - identifying wells and procedures. 2. Final report - summarizing actions taken, problems, resolutions, etc.

In addition, any work to which both Respondents and the EPA agree are deemed to be incorporated into this SOW.

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ATTACHMENT C

SAMPLING POLICIES

Attachment C SRSNE Site RI/FS/NTCRA2 AOC

The Respondents shall prepare the Sampling and Analysis Plans, Quality Assurance Project Plans, Field Sampling Plans, and Health and Safety Plans, as required in the SOWs, in accordance with the specifications provided below.

A. Sampling and Analysis Plan (SAP)

The SAP shall consist of both (1) a Quality Assurance Project Plan (QAPjP) that describes the policy, organization, functional activities, and the quality assurance and quality control protocols necessary to achieve the data quality objectives dictated by the intended use of the data; and, (2) the Field Sampling Plan (FSP) that provides guidance for all fieldwork by defining in detail the sampling and data-gathering methods to be used on a project. Components required by these two plans are described below. Additional guidance on the topics covered in each of these plans and the integration of the QAPjP and the FSP into the SAP can be found in the Guidance for Conducting Remedial Investigations and Feasibility Studies Under CERCLA. (EPA/540/G-89/004, OSWER Directive 9355.3-01, October, 1988) and the references contained in that document. In addition, the FSP and QAPjP should be submitted as a single document (although they may be bound separately to facilitate use of the FSP in the field.)

The overall objectives of the Sampling and Analysis Plan are as follows:

1. to document specific objectives, procedures, and rationales for fieldwork and sample analytical work;

2. to provide a mechanism for planning and approving Site and lab activities; 3. to ensure that sampling and analysis activities are necessary and sufficient; and 4. to provide a common point of reference for all parties to ensure the comparability

and compatibility of all objectives and the sampling and analysis activities.

To achieve this last objective, the SAP shall document all field and sampling and analysis objectives as noted above.

The following critical elements of the SAP shall be described for each sample medium (e.g., ground water, soil, etc.) and for each sampling event:

1. sampling objectives {There can be many objectives, for example, engineering related (well yields, zone of influence), demonstration of compliance, etc.);

2. data quality objectives, including data uses and the rationale for the selection of analytical levels and detection limits (see: Data Quality Objectives Development Guidance for Uncontrolled Hazardous Waste Site Remedial Response Activities: OSWER Directive 9355.07, March 1987; Guidance for

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Attachment C SRSNE Site RI/FS/NTCRA2 AOC

Data Useabilitv in Risk Assessment: EPA/540/G-90-008, October, 1990.) 3. site background update, including an evaluation of the validity, sufficiency

and sensitivity of existing data; 4. sampling locations and rationale; 5. sampling procedures and rationale and references; 6. numbers of samples and justification; 7. numbers of field blanks, trip blanks, and duplicates; 8. sample media (e.g., ground water, surface water, soil, sediment, air, and

buildings, facilities, and structures, including surfaces, structural materials, and residues);

9. sample equipment, containers, minimum sample quantities, sample preservation techniques, maximum holding times;

10. instrumentation and procedures for the calibration and use of portable air, soil-, or water-monitoring equipment to be used in the field;

11. chemical and physical parameters in the analysis of each sample; 12. chain-of-custody procedures must be clearly stated (see EPA NEIC Policies

and Procedures Manual. EPA 330/9-78 001-R) May 1978, revised May 1986; 13. procedures to eliminate cross-contamination of samples (such as dedicated

equipment); 14. sample types, including collection methods and if field and laboratory

analyses will be conducted; 15. laboratory analytical procedures, equipment, and detection limits; 16. equipment decontamination procedures; 17. consistency with the other parts of the Work Plan(s) by having identical

objectives, procedures, and justification, or by cross-reference; and, 18. for any limited field investigation (field screening technique), provisic, is for

the collection and laboratory analysis of parallel samples and for the quantitative correlation analysis in which screening results are compared with laboratory results if necessary, based on data quality objectives.

The SAP must be the framework of all anticipated field activities (e.g., sampling objectives, evaluation of existing data, standard operating procedures) and contain specific information on each round of field sampling and analysis work (e.g., sampling locations and rationale, sample numbers and rationale, analyses of samples). During the Removal Action, the SAP shall be revised as necessary to cover each round of field or laboratory activities. Revisions or a statement regarding the need for revisions shall be included in each deliverable describing all new field work.

The SAP shall allow for notifying EPA, at a minimum, two weeks before field sampling or monitoring activities commence. The SAP shall also allow split, replicate, or

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Attachment C SRSNE Site RI/FS/NTCRA2 AOC

duplicate samples to be taken by EPA (or their contractor personnel), CT DEP, and by other parties approved by EPA. At the request of EPA or CT DEP, the Respondents shall provide these samples in appropriately pre-cleaned containers to the government representatives. Identical procedures shall be used to collect the Respondents' and the parallel samples unless otherwise specified by EPA or CT DEP. Several references shall be used to develop the SAP, for example:

1. Guidance for Conducting Remedial Investigations and Feasibility Studies Under CERCLA (OSWER Directive 9355.3-01, EPA/540/G-89/004, October 1988);

2. Data Quality Objectives for Remedial Response Activities Development Process. EPA/540/G-87/003, (OSWER Directive 9355.0-7B, March 1987);

3. Data Quality Objectives for Remedial Response Activities, example scenario. RI/FS Activities at a site with contaminated Soil and Ground Water (OSWER Directive 9355.0-7B, EPA/540/G-87/002, March 1987);

4. Test Methods for Evaluating Solid Waste. Physical/Chemical Method (EPA Pub. SW-846, Third Edition);

5. Analytical methods as specified in CFR 40 CFR Parts 136. 141.23. 141.24 and 141.25 and Agency manuals documenting these methods;

6. Statement of Works for Inorganic and Organic Analyses. EPA Contract Laboratory Program;

7. Guidance for Data Useabilitv in Risk Assessment. EPA/540/G-90-008, October 1990; and,

8. Ecological Assessment of Hazardous Waste Sites: A field and Laboratory Reference. EPA/600/3-89013. March 1989.

B. Quality Assurance Project Plan (QAPjP)

The Quality Assurance Project Plan (QAPjP) shall document in writing site-specific objectives, policies, organizations, functional activities, and specific quality assurance/quality control activities designed to achieve the data quality objectives (DQO's) of the Removal Action. The QAPjP developed for this project shall document quality control and quality assurance policies, procedure, routines, and specifications. All project activities throughout the Removal Action shall comply with the QAPjP. All QAPjP and sampling and analysis objectives and procedures shall be consistent with Interim Guidelines and Specifications for Preparing Quality Assurance Project Plans (EPA, 1983 - EPA, QAMS- 005/80, 1980). All analytical methods shall be consistent with EPA analytical protocols and methods.

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Attachment C SRSNE Site RI/FS/NTCRA2 AOC

The 16 basic elements of the QAPjP plan are:

1. title page with provision for approval signatures of principal investigators; 2. table of contents; 3. project description; 4. project organization and responsibility; 5. quality assurance objectives for measurement data, in terms of precision,

accuracy, completeness, representativeness, and comparability; 6. sampling procedures; 7. sample custody; 8. calibration procedures and frequency; 9. analytical procedures, which must be EPA approved or equivalent methods; 10. data reduction, validation and reporting; 11. internal quality control checks and frequency; 12. performance and system audits and frequency; 13. preventive maintenance procedures and schedules; 14. specific routine procedures to be used to assess the precision, accuracy, and

completeness of data and to assess specific measurement parameters involved;

15. corrective action; and, 16. quality assurance reports to management.

As indicated in EPA/QAMS-005/80, the above list of essential elements must be considered in the QAPjP. If a particular element is not relevant to. the project, the reasons must be provided.

Information in a plan other than the QAPjP may be cross-referenced clearly in the QAPjP provided that all objectives, procedures, and rationales in the documents are consistent, and the reference material fulfills the requirements of EPA/QAMS-005/80. Examples of how this cross-reference might be accomplished can be found in the Data Quality Objectives for Remedial Response Activities. Development Process. EPA/540/6-87/003 (OSWER Directive 9355.0-7B), March 1987 and the Data Quality Objectives for Remedial Response Activities, Example Scenario, EPA/540/G-87/004 (OSWER Directive 9355.0-7B), March 1987. EPA-approved analytical methods or alternative methods approved by EPA shall be used, and their corresponding EPA-approved guidelines shall be applied when they are available and applicable.

The QA/QC for any laboratory used during the Removal Action shall be included in the QAPjP. When this work is performed by a contractor to the private party, each laboratory performing chemical analyses shall meet the following requirements:

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Attachment C SRSNE Site RI/FS/NTCRA2 AOC

1. be approved by the State Laboratory Evaluation Program, if available; 2. have successful performance in one of EPA's National Proficiency Sample

Programs (i.e., Water Supply or Water Pollution Studies or the State's proficiency sampling program);

3. be familiar with the requirements of 48 CFR Part 1546 contract requirements for quality assurance; and,

4. have a QAPjP for the laboratory including all relevant analysis. This plan shall be referenced as part of the contractor's QAPjP.

The Respondents are required to certify that data have been validated by an independent person according to Region I's Laboratory Data Validation Functional Guidelines for Evaluating Organic and Inorganic Analyses (amended as necessary to account for the differences between the approved analytical methods for the project and the Contract Laboratory Procedures (CLP) procedures). These approved methods shall be contained in the QAPjP. The independent person shall not be the laboratory conducting the analyses and should be a person familiar with EPA Region I data validating procedures. The independent person performing the validation shall insure that the data packages are complete and, all discrepancies have been resolved if possible, and the appropriate data qualifiers have been applied. The Respondents shall keep the complete data package and make it available to EPA on request. The complete data package must include the following:

o Narrative stating method used and explanation of any problems o Tabulated summary forms for samples, standards and QC o Raw data for samples, standards and QC o Sample preparation logs and notebook pages o Sample analysis logs and/or notebook pages o Chain of custody sample tags o An example calculation for every method per matrix.

C. Field Sampling Plan (FSP)

The objective of the Field Sampling Plan is to provide EPA and all parties involved with the collection and use of field data with a common written understanding of all field work. The FSP should be written so that a field sampling team unfamiliar with the Site would be able to gather the samples and field information required. Guidance for the selection of field methods, sampling procedures, and custody can be acquired from the Compendium of Superfund Field Operations Methods (OSWER Directive 9355.0-14, EPA/540/P-87/001), December 1987, which is a compilation of demonstrated field techniques that have been used during remedial response activities at hazardous waste sites. The FSP shall be site-specific and shall include the following elements:

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Attachment C SRSNE Site RI/FS/NTCRA2 AOC

Background. If the analysis of the existing Site details is not included in the Work Plan or in the QAPjP, it must be included in the FSP. This analysis shall include a description of the Site and surrounding areas and a discussion of known and suspected contaminant sources, probable transport pathways, and other information about the Site. The analysis shall also include descriptions of specific data gaps and ways in which sampling is designed to fill those gaps. Including this discussion in the FSP will help orient the sampling team in the field.

Sampling Objectives. Specific objectives of sampling effort that describe the intended uses of data must be clearly and succinctly stated.

Sampling Location and Frequency. This section of the FSP identifies each matrix to be collected and the constituents to be analyzed. Tables shall be used to clearly identify the number of samples, the type of sample (water, soil, etc.), and the number of quality control samples (duplicates, equipment blanks, etc.). Figures shall be included to show the locations of existing or proposed sample points.

Sample Designation. A sample numbering system shall be established for the project. The sample designation should include the sample or well number, the sample round, the sample matrix (e.g., surface soil, ground water, soil boring), and the name of the Site. Sample numbering will be consistent with the Respondents' data management system.

Sampling Equipment and Procedures. Sampling procedures must be clearly written. Step-by-step instructions for each type of sampling that are necessary to enable the field team to gather data that will meet the Data Quality Objectives (DQOs). A list should include the equipment to be used and the material composition (e.g., Teflon, stainless steel) of equipment along with decontamination procedures.

Sampling Handling and Analysis. A table shall be included that identifies sample preservation methods, types of sampling jars, shipping requirements, and holding times. Examples of paperwork such as traffic reports, chain-of-custody forms, packing slips, and sample tags filled out for each sample as well as instructions for filling out the paperwork must be included. Field documentation methods including field notebooks and photographs shall be described.

D. Health and Safety Plan (HSP)

The objective of the site-specific Health and Safety Plan is to establish the procedures, personnel responsibilities and training necessary to protect the health and safety of all

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Attachment C SRSNE Site RI/FS/NTCRA2 AOC

on-site personnel during the Removal Action. The plan shall provide for routine but hazardous field activities and for unexpected Site emergencies.

The site-specific health and safety requirements and procedures in the HSP shall be updated based on an ongoing assessment of Site conditions, including the most current information on each medium. For each field task during the Removal Action, the HSP shall identify:

1. possible problems and hazards and their solutions; 2. environmental surveillance measures; 3. specifications for protective clothing; 4. the appropriate level of respiratory protection; 5. the rationale for selecting that level; and, 6. criteria, procedures, and mechanisms for upgrading the level of protection and

for suspending activity, if necessary.

The HSP shall also include the delineation of exclusion areas on a map and in the field. The HSP shall describe the on-site person responsible for implementing the HSP for the Respondents' representatives at the Site, protective equipment personnel decontamination procedures, and medical surveillance. The following documents shall be consulted:

1. Interim Standard Operations Safety Guides (Hazardous Response Support Division, Office of Emergency and Remedial Response EPA, Wash. D.C. 1982);

2. Suoerfund Public Health Evaluation Manual (OSWER Directive 9285.41, EPA/540/1-861060, EPA 1986);

3. Hazardous Waste Operations and Emergency Response (Department of Labor. OSHA 29 CFR Part 1910); and,

4. Occupational Safety and Health Guidance Manual for Hazardous Waste Site Activities: Appendix B (NIOSH/OSHA/EPA 1986).

OSHA regulations at 40 CFR 1910 and Chapter 9 of the Interim Standard Operating Safety Guide, which describes the routine emergency provisions of a site-specific health and safety plan, shall be the primary reference used by the Respondents in developing and implementing the Health and Safety Plan.

The measures in the HSP shall be developed and implemented to ensure compliance with all applicable state and Federal occupational health and safety regulations. The HSP shall be updated at the request of EPA during the course of the Removal Action and as necessary.

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