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1999-05-10 City Council
TO: City of Palo Alto City Manager’s Report HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: PUBLIC WORKS DATE:MAY 10, 1999 CMR:144:99 SUBJECT:UNITED STATES ENVIRONMENTAL PROTECTION AGENCY CASMALIA DISPOSAL SITE DE MINIMIS SETTLEMENT OFFER REPORT IN BRIEF The City of Palo Alto has been identified by the United States Environmental Protection Agency (USEPA) as a Potential Responsible Party (PRP) for a minimal quantity of hazardous waste material disposed of at the Casmalia Disposal Site (Site), Santa Barbara County, California. USEPA has requested the City resolve its potential liability for such disposal by making payment of the amount identified in the de minimis settlement offer. The USEPA is seeking to reduce the threat to human health and environment posed by the Site by asking each party responsible for waste disposed at the Site to pay its fair share of the remediation cost. In addition to addressing the need for financingSite work, the de minimis settlement offer affords the City of Palo Alto the opportunity to fully resolve its liability under Federal environmental laws and fulfill its legal responsibilities at the Site. The deadline for accepting the de minimis settlement offer and filing a waste quantity review and/or financial review is June 9, 1999, at 5:00 p.m. Pacific Standard Time. CMR:144:99 Page 1 of 4 RECOMMENDATION Staffwill submit a waste quantity review application to the USEPA. Staffrecommends that Council authorize the City Manager to accept a revised Casmalia Disposal Site de minimis settlement offer from the USEPA, at a cost not to exceed $69,172, within thirty days after notification from USEPA of its waste quantity review determination. The deadline for filing a waste quantity review application is June. 9, 1999. BACKGROUND The Casmalia Resources Hazardous Waste Management Facility was a licensed hazardous waste disposal facility operated between 1973 and 1989. Over I0,000 California businesses legally sent 4.453 billion pounds of waste there during that period. The facility shut down in 1989 and the owners/operators abandoned efforts to properly close and clean up the site. As a result, the USEPA secured an agreement from 52 major waste generators, collectively known as the Casmalia Steering Committee (CSC), to finance and perform key portions of the remediation at the Site. The CSC has been performing work at the Site since September 1996, and critical site remediation remains to be funded. DISCUSSION On October 19, 1998, staff received a certified letter from the USEPA notifying the City of its potential liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, also known as the Superfund law) and the Resource Conservation and Recovery Act (RCRA) for a portion of the costs of remediating the Casmalia Facility Superfund site. Under CERCLA and RCRA, hazardous waste generators that contributed waste tO a Superfund site can be held liable for a portion of the costs for remediating the site. The USEPA identified the City of Palo Alto through hazardous waste manifest records as having sent waste to the Site. The City has been classified as a de minimis generator, which means that the City contributed relatively small amounts of waste to the facility in comparison to the 52 major waste generators. De minimis status allows the,USEPA to offer special settlements that are not available to major generators. The monies from the settlements will be used to pay for the remaining Site remediation, including capping multiple landfills, and establishing and operating several systems to collect, treat, and dispose of millions of gallons of contaminated subsurface and surface liquids per year. On January 14, 1999, staff received a letter from the USEPA notifying the City that it was eligible to participate in the de minimis settlement offer, which would resolve the City’s liability for waste material disposed at the Casmalia Disposal Site. On February 1, 1999, staff received a letter from USEPA revising the payment amount and the deadline. The cost of the settlement offer is based on a formula used to calculate each party’s fair share of the total site remediation cost. CMR: 144:99 Page 2 of 4 Staff reviewed the City’s hazardous waste management records and has determined that during the period between 1987 and 1989, the City’s contract hauler for the Household Hazardous Waste program, Safety Specialist, Inc., routinely transported ~vaste to Casmalia for disposal. Safety Specialists, Inc., however, is no longer in business. Staff has found no other records indicating that any hazardous ~vastes generated by other City operations were sent to the Casmalia Facility. Staff ordered copies of the manifests the USEPA used to identify the City as a contributor of waste to the Casmalia Disposal Site and reviewed the quantities used to develop the USEPA’s de minimis settlement offer for the City. After reviewing the Summary of De Minimis Settlement Amounts (Appendix A of the de minimis settlement offer letter) and the manifests requested and received from the USEPA, staff has determined that a significant percentage of the total quantity of hazardous waste was incorrectly identified in the de minimis settlement offer as waste generated by the City. The misidentified waste was generated by the Palo Alto Sanitation Company (PASCO) and the Palo Alto Unified School District (PAUSD). These are separate entities for which the City should not be responsible. Also, there were several miscalculations made when waste quantities were converted from metric units. Filing a waste quantity review would reduce the City’s settlement to hazardous substances that were sent to the Casmalia Disposal Site by the City itself, or by a City-owned entity. On February 10, 1999, staff attended an informational meeting for the Casmalia Disposal Site. At the meeting, staff learned the USEPA has agreed to extend a five per cent discount to settling parties that demonstrate to the USEPA’s satisfaction that the quantity of waste attributed to that settling party was incorrect, provided that the settling parties will provide payment within thirty days after the USEPA notifies them of its determination. On March 12, 1999, USEPA sent another letter extending the settlement deadline to June 9, 1999 at 5:00 p.m. PDT. Should USEPA offer modified settlement terms in the near future, it will make these terms availableto all parties eligible to pa?ticipate in this de minimis settlement. RESOURCE IMPACT’ The cost of the de minimis settlement offer will not exceed $69,172. Pending USEPA’s determination of the waste quantity review, this amount may be reduced further. The USEPA has agreed to extend the five percent discount to the City once it has been demonstrated to the USEPA’s satisfaction that the quantity of ~vaste attributed to Palo Alto was incorrect, and that the City will provide a revised payment anaount within thirty days after the USEPA notifies the Cityof its determination. Funds are available in the Refuse Fund Operating Budget from salary savings of vacant/unfilled positions. The City Attorney has reviewed the applicable insurance certificates and concluded that there is no coverage available. POLICY IMPLICATIONS Accepting the de minimis settlement offer gains the City some degree of liability protection CMR: 144:99 Page 3 of 4 through the "covenant not to sue" and "contribution protection" provisions with other parties to the settlement. The de minimis settlement terms will provide the City with a high degree of certainty that its responsibility for the clean-up at the Casmalia Disposal Site is fulfilled, and that the City is protected from government enforcement action and private party contribution actions related to matters addressed in the settlement. ATTACHMENTS Attachment A: Attachment B: Attachment C: Attachment D: Attachment E: Attachment F: October 14, 1998 letter from USEPA notifying potential liability January 12, 1999 de minimis settlement offer letter from the USEPA February 1, 1999 revised payment amount letter from the USEPA March 12, 1999 letter extending deadline to June 9, 1999 De minimis settlement agreement Waste Quantity Review PREPARED BY: Sean Kennedy, Manager, Environmental Control Programs DEPARTMENT HEAD: GLENN S. ROBERTS Director of Public Works CITY MANAGER APPROVAL: EMILY HARRISON Assistant City Manager CMR: 144:99 Page 4 of 4 0CT-22-98 THU 11:15 AM ATTACHMENT FAX NO, 650 ~29 2846 P. 2 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX ’ " ?5 Hair,borne Street SAn Fmncisoo, California S410,~3901 October 14, 1998 Certified Mail No. Return Recoiler Re, nested Ariel Calonne, Esq. City o~’Palo Alto 250 Hamilton Avenue Pale Alto, CA 94301 IMPORTANT LEGAL MATTER--Prompt Attention Need©d General Notice Letter to Potentially R~ponsible Parties Casmalia Disposal Site, Santa Barbara Count, CA Dear Sir or Madam: The United States Environmental Protection Agency ("U.S. EPA" or "Agency") is remediating the Casmali~ Disposal Site, fo~mcrly known as the C~n~lia Resources Hazardous Waste Management Faoility, in Santa Barbara County, California. The U.S. EPA i~ sending this information to you because.City of Palo Alto (hereinafter referred to as ~’your company or. organization") was named as a waste &enerator on one or more manifests for hazardous wastes s~:nt m the C~smalia Disposal Site. Th~s letter is intended to notify your company ot organi~atlon of i~ potentia] liability under Supeffund and RCIT~ for the costs ofremediating the Casmalia Disposal Site. Superf~md is a federal program administered by the U.S. EPA. The Suped’und program is designed to clean up hazardous substsnce$ that ~y pose a ~t to hu~n h~lth or ~e enviro~ent, The ~11 n~e oft~ Supe~d law is the Compr=he~ve Environmental Respo~e, Compensation, and Li~ility Act, or"CERCLA," RC~ studs for ~e Reso~ce Co~ervstion ~d ~ove~ Act, w~ch is ~e federal law *hat provid~ for ~e management of solid and ~do~ w~es. Under CERCLA end RCRA, the U,S. EPA has the authority to take actions at the Casmalia Disposal Site to protect human h~atth and the environment. The Agency also may ~equire potentially responsible parties or"PRPs" ~hat contributed waste to remediate the Site. In addition, the U.S. ]~PA 1~ the authority to enter into settlements requiring parties ~9 pay , remediation costs in lieu of performing ~e remediafion work.themselves. 60/F.~’a £:~8E6 E~8 0~9 dO SH Sc~3 S>I~OPl 31-l~f~~E:~ 8661-~0-/313N 0CT-22=98 THU I[:[6AM Pal0 All0 City Attorney FAX NO, 650 329 2646 P. 3 City of Pale Alto October 14, 1998 Page 2 of 5 De~i_~natin~ a nrimarv contact to re~ee_i~.e. future cQrre~pondence The U.S. BPA is preparing a package of additional information to send to you or the primary contact whom you identify on the enclosed Pt~mag7 Contact Designation Form. Please Use the enclosed form to designate the most appropriate individual to receive all further correspondence on this matter on behalf of your companyo~ orgamz~tion. Due to the large number of parties involved in this matter, the U.S. EPA can on|y send correspondence and materials to a single contact, designated on the form. Please mail us the ompleted form within ten (I0) days of your receipt of this letter, using the en~:losed envelope. The U.S. EPA will continue tO ~nd correspondence to you until the form is retun~,ed. Notlce_of.!~ot.ential liabilitg Entities that may be responsible for the waste at Superfund sites are oi~en referred to as "potentially responsible parties" or "PRPs." Potentially r~pomible parties include individuals, busin¢sses, goverrunent~I agencies, and other types of organizations. The four oategories of potetRially responsible parties are the following: The current owner(s) or ope=ators(s) of the site; . The former owner(s) or operator(s) of the site during the period that hazardous substances were disposed at the site; Parties that arranged for the treatment, disposal, or transportation of hazardous substances to the site (referred to as "generators"); aM Parties that selected the site as a place m dispose ofhaza~dous substances aM transpoRed these substances to ~e site (referred to as"transporters"). The U.S, EPA has determined that your company or organization is a potentially responsible party at tl~e Casmalia Disposal Site, This determination is based on facility records the= indicate your company or organization, ls named as the generator on one or more manifests for hazardous waste disposed at the Site. 0CT-22-98 THU 11:~6 AM F~[0 All0 City Alt0rney FAX NO, 650 329 2846 P. 4 City of PaLo Alto October 14, 199g Page 3 of 5 The U.S. EPA has designated potentially r~sponsible parties who contribumd less than 2,843,000 pounds of waste to the Casmalla Disposal Sit~ as "cl~ ~" wasm generators. This designation applies ,.o ~dl of the r~ipients of this letter who m~t the 2.843 million pound elig|bilily cut.off for d..~ ~ waste generators. The Agency has designated certain parfi~ as de minimis waste generators because the, amount of waste each of these parties contributed to the Casmalia Disposal Site is small compared to the ~raounts of waste cont~.ibuted individually by the approximately 150 "major" waste generators, Under the Superfund law, the U.S.F.NA may offer special settlements to de ~ parties. These special settlements provide significant benefits including benefits not generally available to major waste generators. The enclosed brochure entitled "Sup~rfund and Small Wast~ Contributors" describes many of these hnl~Rant b~nefits, A settlement _to_you_or vou~eontaet Within the next s~veral months, the U,S. EPA will send the pazkage of additional information to you or your designated prit~ry ontact. This package will include a settlement offer io resolve your company or organization’s liability under CI~RCLA and RCRA for .disposing wasm at the Casmalia Disposal Site, It will also include the U,S, I~PA’s assessment of tha volume of waste attributable to your company or org~ization as well as your company or organization’s cost zo join the settlement; .... The s~ttlement’will be in the form of an Administrative Order on Con~. nt, pursuant to CI~RCLA Section 122(g)(4), 42 U.S.C. § 9622(g)(4). A copy of the proposed Adn~inistrative Order on Consom will be included in ~ package. Your company o~ orgmdzation wilt have sixty (60) days from receipt of the package to review the offer and return a signature page and payment demonstrating it’s willingness to settle its CERCLA and RCRA liabilities for fits Casmalia Disposal Site. If your company or orgm’~ization agrees to join ~e seRlemem during the sixty (60) day period, the Administrative Order on Consent will become final after a public aotic~ and p~riod and approval by ~ Attorney G~n~zal of the U~imd States. The l~ms of ~e ~tflement m~d ~e stops in the settlement process will be mor~ fully expl~ned in ~e package we will s~g to you or your designed p~m~ con~ct. We expect ~hat ~e packag~ will ~sw~r most, ffnot all, of your qu~fiom. In addition, if your company or organization agrees to join the settlement in principle, but believes thttt paying the total settlement amount would plae. R in severe financial jeopardy, you 60/~0’d 6~6 ~$8 0S9 dO S~ SdO S~ DI’]~d S~:~T 1366T-~O-~3N : City of Pa|o Alto October 14, 1995 Page 4 of 5 will have an opportunity to reques~ that the U,S, EPA evaluate your company or organization’s ability to pay the settlement amount. Fi~lly, if your company or orga~ation agrees to joi~ the ~ttlement in principle, but beii~v~ that the total volume of waste attributed to it is incorrect, you will have a limited oport~ty ~o request that the U.S. EPA review yo~r company or organization’s volume assessment. After the U.S. EPA completes thes~ determinations, your company or organiz~tiort will be eligible to participate in the settlement at the initial or a revised payment amount. We estimaf~ that parries re~iving this lett~ will have to pay in the range of $75,000 to $750,000 to enter 0ae settlement. We r~lizo that st~ch sums of money may not seem "de II~L~" to many of you. Thee amotu~s ar~ relatively small, however, comp. arid to th~~timated total cost ofremediadng tho Casmalia Disposal Site. As discussed above, the. U.S. E~PA can offer beneficial setdemenz terms to ~ part|ca who haw on~ibuzed a s~ll ~r~n~g¢ of~ tot~ ~t~ a~ a site. ~ ~rms’~e ~nddered beneficial, ~¢atl~ the COS( to ~e settling ~ny is small com~ W the to~[ ~st of reme~ating the ~it¢ and ~e Settling pa~y ts fred from future liability at ~e _O_nn_o.rtunity for a.n..EPA informational mec, ti~g :l’he U.S. EPA will offer de ~ parties the opportunity to attend art informational meeting to learn more about the C~malia Disposal Site and the d_.e i~ settlement offer, Representatives from the U.S. EPA and the U,S. Department of Justice will be present to meet with you and to answer.quest~m,swhich yo~ may 4aave~ ]nf’ormation about the meeting.will be provided in the p~,¢kage we will be ~ending to you or your designated primary contact. ~Further information_~b_out t~5~.Casmalia Dispopal Site and the de minimis settlement The U.S, EPA encourages you to learn more ~bout the Casmalia Disposal Site and the de min~’xzis settlement process by reading the enclosed ~’ormation. If you have any questions about this letter, you may call the following telephone, number: (S00) 394-2670 Due to the large n~mber ofpart~s receiving this letter, we m~y not ~ able to respond to yo~ telephol~e [nqui~i~ i~ately, but we promise ~o m~e ev¢~ effort to re~pond as q~c~y as possible. Your company or organization may also wish ~o contact the Casmalia Resources Site S~eer~g Committee (¢R~SC) for their views on the Casmalia Disposal Site e~d it~ progress. The City of Palo Alto October 14, 1998 Page+ 5 of 5 CRSSC iS a group of major waste generators which is currently performing site work under .a consent decree entered is federal district court. Please direct any questions you may have for the CRSSC to Jim Dragna, l-~squire, of McCutchen, Doyle, B+own & Eners©n, LLP, at (213) 6400, or Dan I-I+mker, of Chevron Researoh & Technology Company, at (5 lO) 242-2149. ¯ Participating in ~he upcoming settlement opportunity for ~ ~ parties may wetl be in your company or organization’s best interest. We look forward to receiving your Primary Contact Designazion Form shortly, and to keeping the person you designatg apprised of further developments in this d__.e ~ settlement process. Think you for your cooperation. ARLEN~ KABEI Associale Director .Waste Management Division Enclosures: Pflmary Contact Designation Form ~ Please complete and return this form within. ten (10) days of’your receipt of this letter. Envelope for returning the Primary Contact Designation Form m the U,S. EPA U,S. EPA Fact Sheet:"Superfund and Small Waste Contributors" U,S. EPA Fact Sheet:"C.asmalia Disposal Site" :=~/9~’d G8~6 ~B 0S9 dO S~ SdO S>k~OM 3I"l~VId 9~:~ 866~-~O-AON PRIMARY CONTACT DESIGNATION FORM CITY OF PALO ALTO PLEASE COM~L~TJ~ AND R.~TURN THIS FORM WITHIN Ti~N CALENDAR DAYS OF RECEIPT Please provide the following informetion for the one person who will be ~e recipient’s contact with United States Environmental Protection Agency regarding the Casmalia Disposal Site, and who should re~ive all further related correspondence: Compan~ Name: (I f different from above) Contact Name: Contact Tide: .- Law/Co~ulting Fi~ N~e: applicable) Szre~ Addr~: City, $t.te & Zip: T~leph~ne .~Ma i l Address: Iryou believe.the recipient was notified in error, Please checkone of the following: The recipient ha~ never h~d any connection whatsoever to the pemon/eompany named. Other (please explain below): Name and addzcss of~e person or entity you believe should have been named, if ~my: Return to:U.S. Environmental Protection Agency Attn: Casmelia Case Team (WST-2) 75 H~wthome Street San ]~r~XtclSco~ CA 94105 l~leas~ use ~he enolosed pre-addressed envelop~ to ~tum this form. Timnk yo~ for your ooop©r~tion. 60/733"d 68~6 ES8 0S9 c~O S~ SdO S>fd[~ 31-]~d 9~.:t,T 0CT-22-98 THU 11"19 AM P=lo Alto City Attorney PAX NO. 650 329 2646 P, 8 EPA FACT SHEET CASMALIA DISPOSAL SITE Between 1973 and 1989, the Casmalia Disposal Site took more than four billion pounds of waste material, Formerly called the Casmalia P-,eaources Hazardous Waste Ma,,tagement Facility, this Site is zn inactive commercial hazardous waste disposal facility located in Santa Barbara County, California. It includes six landfills, numerous ma’face impoundments, disposal trextehe$, injection wells, waste spreading areas, and tar~k treatment systems, The facility’s orator/operators a~epted a wide variety of industrial axtd cemmeroial wastes including pesticides, solvents, acids, metals, cyanide, non-liquid PCBs, and RCRA.regulated wastes. Facility records show that more than 10,000 parties disposed of waste material at the Casmalia Disposal Site. Fa~ing mu|dple enforcement aetion~, the facility’s owner/operators stopped taking waste material in 1989. In the early 1990’~, the owner/operator~ abatxdonM effort~ to properly clo,e a~d temediate the Casmaiia DL~poud Site. The ownedoperaton are unable or unwilling to pay for the costs of,lo~ing and turn,latin8 the Site. These earns are expex’ted to be close to $500 million. When the owner/operators stopped managing the Site, the facility’s threat, to’the surt-o~ding community and the envlmnment worsened. In 1992, the State of CaJifomia asked the U.S. EPA to respond to deteriorating site conditions. Th, U.S. EPA initiated emergency ~tlorm in 1992 under tlte Superftmd removal program to stabili.ze site conditions at the Casmalia Disposal Site. D~e to poor site conditions a~d teelmical difficulties, the gov~omtnt spent over $17 million in taking emergency actium to stabiliz<: the Site. The U.S. E!>A has dooumented the release and threatened release of organic and inorganic compounds into the soil, groundwater, and air m the Site. Ihese early U.S, EPA effo~ were the start of a complex and multi-fold process of rernediating one of the largest hazardom;. FINDING A LONG-TE~ SOLUTION The U.S. EPA’s mission is to find a long- te~m solution’at the C~.malia Disposal Site that is protective of public health ~nd the Supertht~i is a’i~deral program administered by the U.S. EPA. T~e Superfund ptoSram is ~slgn~ to lan up subs~ ~at may ~ a ~t to human heal~ or ~e ea~onmen~ ~e full n~e of the $up~nd ~w is ~e ¯ Compr~heo~v~ Bovi~en~l g~pons¢, Cotnpenz~ion, Liabgiw AcL ~r"CERCLA," RC~ s~nds for the Conservation ~d ~ovew Act, which is the federal law ~t provid~ f=r the m~agement of solid ~d he~Moos wastes. Under CEKCLA ~ ~C~. the U,S, EPA h~ ~e ~uthority to rake i~[oM at ~ ~malia Di~al Site to pro~t human ~lth ~d t~ envit~m~L Under ~ese au~orides, the U.S. EPA may ~bo I~oire potentially reducible ~rti~ or that ~ibUled wa~e to retoedia~ the Site. 099 ciO SM Sc~3 S>~OFI 31-1~13a 9E:P~ 866T-~O-AON Co~s~J~’r D~csz~ In an effort to achieve a long-term solution at the Casmalia Disposal Site, the U.S. EPA initial/y negotiated a settlement with s group of approximately :54 waste generators. The settling waste generators co~titut¢ e, broad spectnm~ Of private and publi~ =ntities ih California. In 1997, a federal di~rict court granted ~e United States’ motion to enter the consent de~ee.with the settling pa~ties (formally titled Urtited States~. A.I]B Ve .tco G~_v, In¢,~, The settling parties arc called the ’Casmalia P,,esources Site S~e~ring Committee’ or the CRS$C. This settlement is an innov~ive approach to managing multi-generator, large-volume Superftmd sites. Known as Ihe ’Casmslie Cor~ent D~reeo" the agreement e,~tablishes a comprehensive enfo~ement framework in w~ch site work w~ll be fmane.~ed and performed by potentially responsible patties, Under the settlement, the settling generators agree to pay for ~d implement certain ~ite work. The consent de~ree provides that all monies r~eived from third parties, including funds recovered as a result of third party litigation brought by the CESSC, will be placed in an eserowaceouut to ftmd the remaini~ ~ite work. Finally, the settlement eslablishes a coordinated enforcement recovery program under which the U.S. EPA and the’CRSSC will work together to oblain contribution~ from the facility’s owner/operators and the remaining waste generators. These cool’dilated e~forcet~ent effort~ may inolude litigation against non-settling pa~ies. The U.S. EPA and the CP,8SC have already filed suit in federal district court against the owner/operato[s. CA$1IOUT SETTLEMENT" " D~ing the 16 years in which the facility operated, thousands ofpi-ivate businesses and publi~ entitie~ throughout California sent waste material to the Casmalia Disposal Site. The U.S. EPA is continuing it~ efforts to create an equitable enforcement process ~o ensure that each of these pa~t. ies pays its fair share oftoutl site cos~. "I’he gove~nrnent ha~ begun to offer e~shout ~etde~eut opportunities to a portion of the remaining waste generators. Accerding to ~e consent decree, the CRSSC agrees not to bring thkd party litigation for a limited period of ti~e to allow ~e government i’~st ~o ofte~ casho~t settlement opportunities to the remaining potentially ~esponsible p~ies. This ~rangement seeks to red~,e litigation e,~sts normally associated with large, ~ulti-pasty h~tT,~dous waste ~ite~, Recoveries from these eashout settlements, coupled with those from other sources including the owner/operators, witl help to pay for critical ~i~e ~oxk. If you would llke additional information abou~ the Casmalis Disposal Site or the eashout settlement process for de m~n~m~ ~n~ib~tors, ~ll 1-800-394-2670 ~o iea~e a record~ mes~ge. A repr~entative from ~e U.S, EPA ~tt ret~ yo~ ~I as soon ~ possible. 60/60"d 68~6 ES8 099 dO S>i SdO S>k~ DI’H~L~:t,I 8661-~O-AOH ATTACHMENT B UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco, California 94105-3901 January 12, 1999 Certified Mail No. Z434280878 R~tum Receipt Requested REOEIVED JAN 14 1999 OEPARTMEN] OF PUBUC WORKS ADMINISTRATION DtVI$1ON Glenn Roberts-Director of Public Works City of Palo Alto 250 Hamilton Avenue, 6th Floor Palo Alto, CA 94301 URGENT LEGAL MATTER---RESPONSE REQUIRED BY MARCH 12, 1999 DE MINIMIS SETTLEMENT OFFER Casmalia Disposal Site, Santa Barbara County, California NOTE THESE IMPORTANT DATES: February 5, 1999 Deadline to Request Copies of Manifests February 10, 1999 Informational Meeting March 12, 1999 Deadline to Respond to Settlement Offer Dear Mr. Roberts: In the fall of 1998, the United States Environmental Protection Agency ("U.S. EPA") sent a certified letter notifying City of Palo Alto (hereinafter referred to as "your company or organization") of its potential liability for waste material it disposed of at the Casmalia Disposal Site ("Site"). This letter is intended to offer your company or organization the opportunity to resolve its liability for waste material disposed of at th~ Site~ from the facility(ies) specified in the enclosed settlement offer.~ The U.S. EPA is seeking your company or organization’s participation in reducing the threat to human health and the environment posed by the Site. By joining the settlement, your company or organization can play an important role in the remediation of the Site. We are asking each party responsible for arranging for the disposal of waste material at the Site to pay its fair share of the site remediation cost. Federal, state and local governmental agencies along with the numerous private entities that used the Site for waste disposal will be expected to pay their share as part of this settlement. The U.S. EPA is also pursuing the o~vner(s)/operator(s) of the Site to pay for site remediation. The federal government already has secured agreement from 52 major waste generators, collectively known as the Casmalia Steering Committee ("CSC"), to finance and perform key portions of the remediation at the Site. The CSC has been performing work at the Site since September 1996. Still, other critical site remediation remains to be funded. This work includes Mr. Roberts January 12, 1999 Page 2 of 10 capping multiple landfills, and establishing and operating several systems to collect, treat and dispose of millions of gallons of contaminated subsurface and surface liquids per year. The monies obtained from settlements with parties such as your company or organization will be used to pay for this work. These monies will be used as early as this summer to cap additional landfills and to perform other work. In addition to addressing the need for financing site work, the enclosed settlement offer affords your company or organization the opportunity to fully resolve its liability under these federal environmental laws: Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA")mCERCLA is the federal law that authorizes the Superfund program to clean up hazardous substances that may pose a threat to human health or the environment; and Resource Conservation and Recovery Act ("RCRA")--RCRA is the federal law that provides for the management of solid and hazardous wastes. This offer provides your company or organization with assurance that if it joins the settlement, its legal responsibilities at the Site are fulfilled. If your company or organization wishes to ioin this settlement, the deadline for accepting the offer is March 12, 1999, at 5:00 p.m. Pacific Standard Time ("PST"). To enable the U.S. EPA to offer the most favorable settlement terms to a large number of parties, the terms of settlement are not negotiable. The settlement may be found in the enclosed document entitled "Administrative Order on Consent [Proposed]" ("AOC"). Please carefully review the terms of the AOC; the terms of the AOC will supersede any conflicting information.in other.. documents. Although the U.S. EPA may issue orders or bring lawsuits to require potentially responsible parties to perform or pay for site work, the government generally prefers to settle its claims without resorting to expensive legal action. However, if your company or organization does not accept this offer by the above deadline, the U.S, EPA will assume that your company or organization has declined to participate in the remediation of the Site, and that it does not intend to resolve its potential liability in connection with the Site. The government intends to take enforcement actions against non-settling parties to ensure that recalcitrant parties do not gain an unfair advantage over parties that participate in remediation. These actions may include: 1) ordering non-settlors to perform remediation work at the Site to protect human health and the environment; and 2) bringing suit against non-settlors in federal court under CERCLA and/or RCRA. The CSC and other private parties also may sue Casmalia Disposal Site Settlement Offer Letter Mr. Roberts January 12, 1999 Page 3 of 10 non-settling parties for contribution. Joining this settlement will ensure that your company or organization does not face government enforcement actions or get drawn into lengthy and expensive lawsuits brought by other private parties for contribution. "DE MINIMIS" SETTLEMENTS The particular type of settlement being offered is called a de minimis settlement. The U.S. EPA has discretion under the Superfund law (CERCLA) to designate certain parties as "d_~e minimis" waste generators. A potentially responsible party may qualify for a de minimis settlement if the following conditions are satisfied: The amount of waste contributed is minimal in comparison to the other waste at a site; The toxic or other hazardous effects of the waste contributed are minimal in comparison to the other waste at a site; and The settlement is in the public interest, and involves only a minor portion of the response costs at a site. The U.S. EPA has designated roughly the top 150 waste generators that contributed waste material to the Site as major parties, and the remainder of the waste generators as de minimis contributors. Based on available information, the U.S. EPA believes that your company or organization may qualify for a de minimis settlement. BENEFITS OF "DE MINIMIS" SETTLEMENTS We believe it is in your company or organization’s b’est interest to consider this settlement opportunity. Through a de minimis s~e :ttlement, settling parties receive the following benefits: "Covenant Not to Sue"mThis provision is a promise that the U.S. EPA will not bring any future legal actions against the settling party regarding a site for the specific matters resolved in the settlement; and "Contribution Protection"mThis provision offers a settling party protection from being sued for contribution by other potentially responsible parties at a site. Contribution protection is an especially valuable benefit because frequently major waste generators that have spent money cleaning up a site will sue other waste contributors to recover their cleanup costs. A de minimis settlement provides protection from contribution suits that extends to all matters covered by the settlement. Casmalia Disposal Site Settlement Offer Letter Mr. Roberts January 12, 1999 Page 4 of 10 Taken together, the covenant not to sue, contribution protection and other de minimis settlement terms provide settling parties with a high degree of certainty that their responsibility at a site is fulfilled, and that they are protected from govemmerit enforcement actions and private party contribution actions related to the matters addressed in the settlement. To date, over 14,000 individuals, small businesses and other entities have entered into de minimis settlements with the U.S. EPA to resolve their liability at hundreds of waste sites across the country. DE MINIMIS SETTLEMENT OFFER The U.S. EPA used a cashout formula to calculate the payment amount that your company or organization must pay to participate in the de minimis settlement. This formula, which will be explained below, is being used to calculate each party’s fair share of the total site remediation cost. The precise payment amount that the U.S. EPA has calculated for your company or organization may be found in either Appendix A (non-federal parties) or B (federal parties) to the AOC. The payment amount for your company or organization is derived from the quantity of waste material that it sent to the Site. The U.S. EPA used records kept in the normal course of business by the owner(s)/operator(s) of the Site to determine your company or organization’s waste quantity. These records include: 1) weigh tickets recorded by the owner(s)/operator(s); and 2) waste shipment manifests filled oat by waste generators. Facility records show that your company or organization (or a predecessor in interest) generated waste material disposed of at the Site. A more detailed description of the records used to determine each settling party’s waste quantity may be found in the enclosed fact sheet entitled "Waste Quantity Records." Enclosed with this letter is a Waste Summa~ Report for your company or organization that specifies the following informatiori for each waste material shipment: 1) waste shipment manifest number; 2) weigh ticket number; and 3) the relevant information from those records, including the date of disposal, the name and address of the facility which disposed of waste material and the weight (in pounds) of the waste shipment. The Waste Summary Report provides the total weight, in pounds, for all of the shipments from the facility(ies) attributable to your company or organization. This is the number that the U.S. EPA used to determine your company or organization’s quantity of waste material and to calculate the payment amount. The payment amount is comprised of the following: "Basic Payment"--A basic payment which consists of)’our company or organization’s share of the waste material at the Site multiplied by the total site remediation cost; and Casmalia Disposal Site Settlement Offer Letter Mr. Roberts January 12, 1999 Page 5 of 10 "Premium"--A premium which functions as a risk transfer mechanism in a manner similar to an insurance premium. The premium is assessed because a de minimis settlement provides finality to the settling parties. This finality stems from the de minimis settlement’s covenant not to sue, contribution protection and the absence of settlement reopeners (e.g., a remedy cost reopener) typically found in other settlements. The de minimis settlement, in effect, shifts the risk that the remedy will be more expensive than expected from the settling parties to the U.S. EPA and the remaining potentially responsible parties. The U.S. EPA used the following cashout formula to calculate your company or organization’s payment amount: Your Company or Organization’s Waste Quantity Total Site Waste Quantity 4.453 Billion Ibs. Estimated Site Premium (100%) Remediation 2.0 X Cost X $399 Million = Payment Amount Your Company or Organization’s Waste Quantity X Total Site Waste Quantity 4.453 Billion Ibs: " ’ U.S. EPA Past [No Premium Response Assessed] Costs X $18.3 Million The following factors were used in making the calculation for each party: The total quantity of waste material disposed of at the Site is 4.453 billion pounds (based on business records maintained by the owner(s)/operator(s) of the Site); The estimated total site remediation cost is $399 million (based on both past and Nture response costs, including the U.S. EPA’s past response costs); and The premium is 100% (consistent with the premium level recommended in EPA’s national policy ("Standardizing the De Minimis Premium," issued June 1995)). For further information about the U.S. EPA’s estimated site remediation cost, see the enclosed fact sheet entitled "Cashout Cost Estimate." Casmalia Disposal Site Settlement Offer Letter Mr. Roberts January 12, 1999 Page 6 of 10 DISCOUNT FOR EXPEDITED SETTLEMENT The U.S. EPA is offering a 5% discount to your coml~any or organization if it chooses to participate in this de minimis settlement without applying for a waste quantity review and!or a financial review as described below. This discount is intended to encourage parties to participate in the expedited settlement in the interest Of reducing transaction costs (i. e., litigation expenses) for both de minimis parties and the government. For your company or organization to qualify for this 5% discount, the U.S. EPA must receive your acceptance of the settlement offer, including the discounted payment amount, by March 12, 1999, at 5:00 p.m. PST. Your company or organization’s discounted payment amount (i. e., 95%) as well as the non-discounted payment amount (i. e., 100%) are set forth in either Appendix A (non-federal parties) or B (federal parties) to the AOC. Complete instructions for qualifying for the 5% discount are provided in the enclosed document entitled "Settlement Instructions." WASTE QUANTITY REVIEW The waste records available to the U.S. EPA for the Site are among the most complete and reliable of those for any waste site in the country. The U.S. EPA has full confidence in the evidence that it has reviewed to determine your company or organization’s waste quantity and to calculate the payment amount. We recognize, however, that there are limited circumstances in which a party may be entitled to request that the U.S. EPA review its waste quantity. For further information about applying for a waste quantity review, refer to the enclosed document entitled "Instructions for Applying for Waste Quantity Review." The deadline to apply for a waste quantity review is March 12, 1999, at 5:00 p.m.~pST To obtain copies of your company or organization’s waste shipment manifests, use the enclosed "Document Order Form." The recommended last day to order copies of~vaste shipment manifests is February 5, 1999. We strongly recommend that you submit the completed order form by this date to ensure that your company or organization r,eceives its manifests in time to decide whether to join the expedited settlement and qualify for a 5% discount. FINANCIAL REVIEW If your company or organization wishes to settle, but would face a financial hardship in remitting the full payment amount, you may request that the U.S. EPA review your company or organization’s financial ability to pay. The enclosed document entitled "Instructions for Applying for Financial Review" contains a complete description of the U.S. EPA’s financial Casmalia Disposal Site Settlement Offer Letter Mr. Roberts January 12, 1999 Page 7 of 10 review process. This process will require your company or organization to substantiate its claim of financial hardship, including the submission of extensive financial documentation. The deadline to apply for a financial review is March 12, 1999, at 5:00 p.m. PST. CONCURRENT WASTE QUANTITY AND FINANCIAL REVIEWS If your company or organization chooses to apply for both a waste quantity and a financial review, you must submit both applications simultaneously.~ Please do not wait for the U.S. EPA to act on your company or organization’s application for a waste quantity review before applying for a financial review or vice versa, or your company or organization will be disqualified from raising either issue. INFORMATIONAL MEETING The U.S. EPA will hold an informational meeting on the de minimis settlement in Los Angeles on February 10, 1999. Representatives from the U.S. EPA and the U.S. Department of Justice will be available to answer questions. This meeting will be held at the Los Angeles Convention Center. You do not have to participate in this meeting for your company or organization to join the settlement. Details related to the meeting, including directions to the Los Angeles Convention Center, are provided in the enclosed document entitled "Informational Meeting." FURTHER INFORMATION The U.S. EPA encourages you to leam more about the Site and the de minimis settlement b,y reading the enclosed fact sheets entitled "Site Background", "Cashout Cost Estimate" and Waste Quantity Records. You may also order selected s~te documents (lnclud~ng your company or organization’s, waste shipment manifests) by completing the enclosed "Document Order Form." In addition, information about the Casmalia Disposal Site and this de minimis settlement is available on the internet. The U.S. EPA’s web site includes site photographs, maps, documents and other pertinent information. The URL for the web site is: http:/Awvw.epa.gov/regionO9/~vaste/rcra/casmalia Casmalia Disposal Site Settlement Offer Letter Mr. Roberts January 12, 1999 Page 8 of 10 Documents are also available at the following U.S. EPA information repositories: U.S. EPA Superfund Records Center 95 Hawthorne Street San Francisco, CA 94105 415-536-2000 (Documents related to the U.S. EPA’s emergency actions, and other response actions to ensure proper Site closure and. remediation, dating principally from 1992 to the present) U.S. EPA RCRA Records Center 75 Hawthorne Street San Francisco, CA 94105 415-744-2422 (Historic documents related to the U.S. EPA permitting and ent~orcement activities, dating from the early 1970s and 1980s) Santa Maria Public Library 420 South Broadway S~nta Maria, CA 93454 805-937-6483 (Limited document collection) Robert E. Kennedy Library California Polytechnic State University San Luis Obispo, CA 93407 805-756-1364 (Gov’t Docs & Maps) (Limited document collection) If you have any questions about this de minimis settlement, please call the U.S. EPA’s toll-free telephone number for this Site: (800) 394-2670 In addition, you can e-mail, any inqui,ries.ab~ut-this Site to the-Lr.S: EPA at the following address: r9.casmalia@epa.gov Due to the large number of parties receiving this offer, we may not be able to respond to your telephone or e-mail inquiries immediately, but we will make every effort to respond as quickly as possible. Your company or organization may also wish to contact the CSC for the major waste generators’ views on the Site and its progress. Please direct any questions you may have for the CSC to James Dragna, Esquire, of McCutchen, Doyle, Brown & Enerson, LLP, at (213) 680- 6400 or Daniel Hernker, of Chevron Research & Technology Company, at (510) 242-2149. Casmalia Disposal Site Settlement Offer Letter Mr. Roberts January 12, 1999 Page 9 of 10 ACCEPTANCE OF THIS OFFER MUST BE RECEIVED BY MARCH 12, 1999 To accept this offer, the U.S. EPA must receive your company or organization s acceptance of the offer by March 12, 1999, at 5:00 p.m. PST. Instructions for joining the d_.e minimis settlement are explained in the document entitled "Settlement Instructions." This document includes instructions for both expedited settlement to qualify for the 5% discount and ¯ non-expedited settlement for parties who wish to apply for a waste quantity review and/or a financial review. We encourage you to consider this offer and to contact us if you have an}’ questions. We look forward to your company or organization’s participation in this de minimis settlement. Very truly yours, Julie Anderson Director" Waste Management Division cc: Leslie Allen, Esq., U.S. Department of Justice Enclosures: Administrative Order on Consent (AOC) Signature Page to.the AOC ~. . ~ Appendices A and B to the AOC (payment amounts) Waste Summary Report S.ettlement Instructions Payment Invoice Informational Meeting Fact Sheet: Site Background Fact Sheet: Cashout Cost Estimate Fact Sheet: Waste Quantity Records Instructions for Applying for Waste Quantity Review o Waste Ouantity Review Application Casmalia Disposal Site Settlement Offer Letter Mr. Roberts January 12, 1999 Page 10 of 10 Instructions for Applying for Financial Review o Financial Review Application o Instructions for Completing Financial Statements o Point of Contact for Financial Review o Instructions for Claiming Confidentiality o Financial Statement for Individuals o Financial Statement for Businesses o Municipal Ability to Pay Data Request Form o IRS Form 8821 (Tax Information Authorization) Document Order Form Casmalia Disposal Site Settlement Offer Letter ATTACHMENT C UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco, California 94105-3901 ., February 1, 1999 URGENT LEGAL MA’VrER--REvISED PAYMEN’T AM OUl~-r DE I~I[.N’IMIS SETrLEMEN’r OFFER Casmalia Disposal Site, Santa Barbara County, California RECEIVEDCITY 0~’ mALO a, L3"O AF~TMF.N’T OF pUBLK3 NOTE THESE I~ff’ORTAI~’r DATES: February 10, 1999 April 9, 1999 Informational Meeting Revised Deadline to Respond to Settlement Offer Dear Sir or Madam: The United States Environmental Protection Agency ("U.S. EPA") sent )’our company or organization a certified letter dated January 12, 1999, regarding the Casmalia Disposal Site. In that letter, the U.S. EPA offered your company or organization the opportunity to participate in a cashout settlement for de minirais parties. Revised Payment Amount: The formula used to calculate your company or organization’s payment amount contained an error. The revised formula correctly reflects the U.S. EPA’s original intent not to assess a premium on its past response costs. The revised payment amount for your company or organization is contained in the revised appendices to the proposed Administrative Order on Consent. This correction results in a modest reduction in your company or organization’s payment amount. The modified formula is presented on the revised page 16 of the proposed Administrative Order on Consent. Revised Deadline: The U.S. EPA has extended the settlement deadline by one month to April 9. 1999. We have extended the deadline in light of the change in the formula and in response to requests that the U.S. EPA has received for additional time. Informational Meeting: The informational meeting for de minimis parties will be held as scheduled on Februar3’ 10, 1999, at the Los Angeles Convention Center. Please RSVP by electronic mail at rg.casmalia@epa.gov, or by telephone to the U.S. EPA’s toll-free line for de minimis parties at (800) 394-2670. Directions to .the meeting location at the Los Angeles Convention Center are enclosed. " ...... If you have any additional questions, please feel free to contact my staff by calling the U.S. EPA’s toll-free telephone number listed above. Very truly yours, Enc: Julie Anderson Director Waste Management Division Leslie Allen, Esq., U.S. Department of Justice Administrative Order on Consent (revised page 16 only) Revised Appendices A & B to the AOC (Summary of De Minimis Settlement Amounts), dated 1/26/99 Directions to the Informational Meeting PRP INFORMATIONAL.MEETING CASMALIA DISPOSAL SITE The U.S. EPA will hold an informational meeting about the Casmalia Disposal Site and the de minimis settlement offer at the following place and time: Meeting Date: Meeting Time: Meeting Location: February 10, 1999 ~ 10:00 a.m. to 1:00 p.m. Los Angeles Convention Center (Room 515A/B) 1201 South Figueroa Street Los Angeles, Califomia ’ During this meeting, the U.S. EPA will provide an overview of the Casmalia Disposal Site and the de minimis settlement offer. We will also provide an opportunity for de minimis parties to ask questions about the settlement. Your company or organization is welcome to send a representative to the meeting: however, attendance is wholly voluntary. TO CONFIRM YOUR ATTENDANCE Please let us know the name(s) of the person(s) who will attend on behalf of your company or organization by sending an e-mail at your earliest convenience to r9.casmalia@epa.gov. If you do not have access to e-mail, please leave a message on the U.S. EPA’s toll-free line for t, he Casmali.a~Disposal, Siteoanff’ de minirnis, settlement at 1-800-394-2670, Please include the name of the company or organization you represent as it appears on the offer letter. DIRECTIONS TO THE MEETING ROOM When you arrive at the Los Angeles Convention Center, park at the West Hall parking garage on Cherry Street. From the parking level, follow the pedestrian path to the West Lobby Entrance. From here, take the escalators up to Level 2 (the meeting floor level) or take the elevator up to Level 2. Make a right and follow signs to meeting rooms 515A/B. Additional information can be found on the Los Angeles Convention Center Website: http://lacclink.corn/ Casmalia Disposal Site PRP Informational Meeting 1 4 5 7 9 10 !2 13 15 17 18 19 20 21 22 23 24 25 26 27 response costs incurred or to be incurred at or in coD.nection with the Site by the U.S. EPA, or by any private party, ~will exceed the estimated total response costs upon which Settlings Parties’ payments are based. The premium is not assessed against the U.S. EPA’e past response costs, which total $18.3 million. The mathematical formula for calculating each Settling Party’s payment amount is as follows: Your Company or Organization’s Waste Quantify Total Site Waste Quantity 4.453 Billion Ibs. Estimated Site RemediatJon X Cost Minus X U.S. EPA Past Response Costs $380,7 Million \ Premium (100%) 2,0 = Payment Amount Your Company or Organization’s Waste Quanl;ity Total Site Waste Quantity 4.453 Billion Ibs. U.S. EPA Past [No Premium Response Assessed] X Costs X 518.3 Million 33 Payment Provi sions Paymen~ by Respondent.s.. With respect to each Respondent’s payment, payment shall be made by one of the following methods : (i)By Cashier’s or Certified Check Mail a cashier’s check or certified check, made payable to "BTCo. as Custodianfor Casmal±a Resources Site" to the following address: P.O. Box 13248 (Lbox #13248), Casma!ia Disposal Site -16- EPA Region IX AOC No. 99-02 Set~ling Party App~ndLx A (rev~d 1/26/99} Summary of De Minimis Settlement Amounts Respond~ts Name Facility Data Address 100%95% City St Qty. (Ibs.)Payment Payment, Total:101,610 $ 17,791 $ 16,901 :ity of Newport Beach City of Norwalk City of Polo Alto City of Newport Beach City of Newport Beach City of Newport Beach - Hoar Memorial Hospltal City of Newpon Beach - Police De~t. City of Norwalk City of Norwalk - Excelsior High School City of Norwalk - John Glenn High School City of Norwalk - La Mirada High School City ofNorwalk - Metropolitan State Hospital City of Norwalk - Norwalk High School City of Palo Alto City of Palo Alto City of Palo Alto City of Palo Alto - Fire Dept. City of Palo Alto -Palo Aho High School City of Palo Alto - Palo Alto Sanitation Co. fiASCO) City of Palo Alto - Palo Alto Unified School District City. of Palo Al=o -Palo Alto Unified School District City of Palo Alto - Police Dept. 3200 Newport Bb’d Newport Beach CA 592 Superior Av=Newport Beach CA 301 Newport Bird, Box Y Ndwpon Beach CA 870 Santa Batb,-"a Dr Newport Beach CA Total: 12700 Norwalk B[vd Norwalk CA ¯ 15711 Pioneer B?,’d Norwalk CA 13520 Shoemak= Ave Norwalk CA 12820 S Pion~r Norwalk CA 11400 Norwalk Blvd Norwalk CA 11356 E L~n~,~~II Rd Norwa/k CA 1201 E Bayshcr." 250 Hamilton Ave 2501 Embarcad~.~o Way P.O. Box 10250 50 Embarcaderc .gd 2000 Gene Rd 25 Churchill Ave 780 Arstrado R.~ 275 Forrest Ave 89,978 $15,755 $14,967 82,628 14,468 13,744 6,777 1,187 1,127 626,303 i 09,663 104,179 805,686 $141,072 $134,018 54,054 $9,465 $8,99.1 ’~,058 535 508 4,584 803 762 2,113,386 370,044 351,542 207,426 36,319 34,503 492 86 81 Total:2,383,000 $417,252 $396,389 PaloAIto CA 140,900 $24,671 $23,437 Polo Alto CA 6,257 1,096 1,040 Palo Alto CA 234,289 41,023 38,971 Palo Alto CA 2,620 461 437 Palo ARo CA 3,737 654 -621 Palo Alto CA 1,348 23.6 224 Palo ,~lto CA 4,678 81~)778 Polo Alto CA 568 99 94 Palo Alto CA 647 113 107 Total:395,054 $69,172 S 65,713 Richmond CA 37,563 S 6,577 S 6.24g Richmond CA 2,176,464 381,089 362.034 Richmond CA 3,855 675 64! Total:2,217,882 $388,341 $ 368.923 City. of Richmond City of Richmond City. bfRichmond - City Hall City of Richmond - Police Dept. P.O. Box 4046 Hall Ave Site 401 27th St City of Riverside "Casmalia Disposal Site .City of Riverside Cit)’ of Riverside City of Riverside - Fire Dept. City. of Riverside - Police Dept. City of Riverside - Police/Printing Svcs. City of Riverside - Public 3900 blain St 8095 Lincoln Ave 3601 9th St 4102 Orange St 2980 Wazhin~.zn S: 10406 Allenb? 5: Page 28 Riverside CA 15,668 $2,743 S Riverside CA 83,472 14,616 Riverside CA 648 113 107 Riverside CA 58,351 10,217 9.706 Riverside CA 836 146 Riverside CA 12,580 2,203 2.C92 EPA Region IX A OC No. 99-02 March 12, 1999 ATTACHMENT D RECEI’VEO UNITED STATES ENVIRONME’NTAL P.ROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco, CA 94105 i t; 199,3 -- OFL A~,;’~,..~’~1 ", "_ ~,~ ;~ ,;-," ~.. Michael:~ackso~ :-i~7\~#::,: - ,,,-.;~..?:, ~.~ ~ . .~’.,:.. Urgent Legal Matter---Settlement Deadline Extended to June 9. 1999. De ]V[inimis Settlement Offer Casmalia Disposal Site, Santa Barbara County, CA Dear Sir or Madam: The United States Environmental Protection Agency (U.S. EPA) has offered your company or organization the opportunity to participate in a cashout settlement for de mirtimis parties in connection with the Casmalia Disposal Site. During this settlement process, the U.S. EPA has received numerous inquiries from de minimis parties. In addition, on Februa.O’ 10, 1999, the U.S. EPA held an informational meeting for de minimis parties. Several common issues have emerged from the U.S. EPA’s interactions with de minimis parties. This letter informs you of the U.S. EPA’s ongoing efforts to address these issues. Extended Deadline for Settlement and Waste Quantity and Financial Review Applications In response to many parties’ concerns, the U.S. EPA has extended the deadline for joining the de minimis settlement to June 9~ 1999 at 5:00 p.m. PDT. This represents a 60 day extension of the deadline articulated in our February 1, 1999 letter. All parties wishing to join the settlement must submit an executed signature page to the U.S. EPA by this June 9~ deadline. The revised June 9~ 1999 deadline also applies to waste quantit), and financial review applications. Complete payment instructions and other settlement documents were enclosed ifi the U.S. EPA’s previous letters dated January 12, 1999 and February 1, 1999. The deadline has been extended to give parties additional time to review waste shipment manifests and other site records. As of today, the U.S. EPA has responded to all requests for documents (including those for individual waste shipment~manife~ts) tI~at ~qere recei~ied by March 5, 1999. Consideration of General Issues De minimis parties have made a number of constructive suggestions regarding the proposed settlement. While parties are completing their review of waste shipment manifests and other documents during the extended period, the U.S. EPA is working to determine whether these suggestions can be incorporated into the settlement offer for de minimis contributors. These suggestions include the following: ¯Application of the U.S. EPA’s policies with respect to municipal solid waste and municipal sewage sludge ("Interim Municipal Settlement Policy" (1989) and "Policy for Municipality and Municipal Solid Waste CEP,.CLA Settlements at NPL Co-Disposal Sites" (1998)) (these policy documents are available at the following U.S. EPA Headquarters’ web site: http//es.epa.gov/oeca!osre/settle.html); o t~elease from potential natural resources damages claims from state and/or federal natural resources trustees (federal claims reference: proposed Administrative Order on Consent (AOC) at Parag-raph 46 (c); no state claims reference in proposed AOC); ~AR 1 9 t99£ CITY OF, PALO ALI’OPUBLIC ~’/’ORKS-OPF#.~Tm. - ¯Release from liability for State of California response co~;ts (no reference in proposed AOC); ¯Release from liability for the redisposal of waste at other sites (i.e., a release from liability for costs associated with responses that the U.S. EPA may take in the future at any site that receives wastes from the Casmalia Disposal Site (proposed AOC dt Paragraph 46 (e)); ¯Consideration of insurance coverage issues; and .Consideration of questions related to the U.S. EPA’s cost estimate. It is our intent to outline our resolution of these issues in a subsequent letter to your company or organization at least 45 days before the June 9, 1999 settlement deadline. 5% Discount In response to cdmments we received at the February 10, 1999 meeting, the U.S. EPA has agreed to extend the 5% settlement payment discount to: o Settling parties that: a) demonstrate to the U.S. EPA’s satisfaction that the quahtity of waste attributed to that settling party was incorrect; and b) provide any revised payment amount within 30 days after the U.S. EPA notifies the party of its determination; and ¯Settling parties that submit signature pages and payment by the settlement deadline without appl ,y~ng for a waste quantity or financial review. A limited number of parties have indicated through early submission of the U.S. EPA’s wast~ quantity review application that they never sent waste to the. Casmalia Disposa! Site. The U.S. EPA has begun to review these applications. It is the U.S. EPA’s policy to continue to inform all originally-noticed potentially responsible parties (PRPs) of settlement developments until such time that we have resolved issues related to a PRP’s identity. We apologize if you are receiving this letter pending the resolution of any PRP identity issues that you have brought to our attention. We appreciate the suggestions that parties have made regarding the terms of the proposed . settlement. Should the U.S. EPA offer modified settlement terms in the near future, we will make these terms available to al__l parties eligible to participate in this de minimis settlement. For this reason, the U.S. EPA will continue to send settlement-related information to all parties including those who have settled with the U.S. EPA (under the onginal settlement terms provided in the January 12 and February 1, l999I~tter~). Sincerely )’ours, Julie Anderson Director Waste Management Division cc: Leslie Allen, Esq., U.S. Department of.l’ustice 2 3 4 5 6 7 8 9 I0 II 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 ATTACHMENT E UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 9 75 Hawthorne Street San Francisco, CA 94105-3901 IN THE MATTER OF: Casmalia Disposal Site Santa Barbara County, California Proceeding under Section 122(g) (4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. § 9622(g)(4) ) )) ) )) ) )) ) ) ) U.S. EPA Docket No. 99-02 [PROPOSED] ADMINISTRATIVE ORDER ON CONSENT .DEMINIMIS CONTRIBUTORS 1 2 3 4 5 6 7 8 9 10 Ii 12 13 14 15 16 17 18 19 2o 21 22 23 24 25 26 27 I. JURISDICTION I. This Administrative Order on Consent ("Consent Order," "Order," or "Settlement") is issued pursuant to the authority vested in the President of the United States by Section 122(g) (4) of the Comprehensive Environmental Response,~ Compensation, and Liability Act of 1980, as amended by ihe Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("CERCLA"), 42 U.S.C. § 9622(g) (4), to reach settlements in actions under Section 106 and 107 of CERCLA, 42 U.S.C. §§ 9606 and 9607. The authority vested in the President has been delegated to the Administrator of the United States Environmental Protection Agency ("U.S. EPA") by Executive Order 12580, 52 Fed. Reg. 2923 (January 29, 1987),.and further delegated to the Regional Administrators of the U.S. EPA by Delegation No. 14-14-E (issued May 11, 1994, amended by memorandum May 19, 1995). Within Region IX, this authority has been delegated to the Waste Management Division Director by Regional Order No. 1290.21-A, entitled "De Minimis Settlements," dated November 23, 1998. 2. This Consent Order is issued to the persons, corporations or other entitiesidentiffed- ~n Appendix A ("Respondents") and the departments, agencies and instrumentalities of the United States identified in Appendix B ("Settling Federal Agencies"). Each Respondent and Settling Federal Agency ("Settling Party") agrees to undertake all actions required by this Consent Order. Each Settling Party further consents to and will not contest the U.S. EPA’s jurisdiction to issue this Consent Order or to implement or enforce its terms. Casmalia Disposal Site -2-EPA Region IX AOC No. 99-02 1 2 3 4 5 6 7 8 9 I0 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 3. The U.S. EPA and Settling Parties ("Parties") agree that the actions undertaken by Settling Parties in accordance with this Consent Order do not constitute an admission of any liability by any Settling Party. Settling Parties do not admit, and retain the right to controvert in any subsequent proceedings other than proceedings to implement or enforce this Consent Order, the validity of the Statement of Facts or the Determinations contained in Sections IV (Statement of Facts) and V (Determinations), respectively, of this Consent Order. II. STATEMENT OF PURPOSE 4. By entering into this Consent Order, the mutual objectives of the Parties, as more precisely described in the terms of this Consent Order, are: a.to reach a final settlement among the Parties with respect to the Casmalia Disposal Site, formerly known as the Casmalia Resources Hazardous Waste Management Facility ("Site"), pursuant to Section 122(g) of CERCLA, 42 U.S.C. § 9622(g) ("De Minimis Settlements"), that-al-lows Sett~ing"P~rt±es~to~make a cash payment, including a premium, to resolve their alleged civil liability under Sections 106 and 107 of CERCLA, 42 U.S.C. §§ 9606 and 9607, and Section 7003 of RCRA, 42 U.S.C. § 6973, and their liabil~ty for injunctive relief with regard to the Site and for response costs incurred and to be incurred at or in connection with the Site, thereby reducing litigation relating to the Casmalia Disposal Site -3- EPA Region IX AOC No. 99-02 1 2 3 4 5 6 7 8 9 IO ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Site; : b.to resolve the claims of the Respondents ’that could have been asserted against the United States with regard to the Site; c.to simplify any remaining administrative and judicial enforcement activities concerning the Site by eliminating a substantial number of potentially responsible parties ("PRPs") from further involvement at the Site; and d.to obtain settlement with Settling Parties for their fair share of response costs incurred and to be incurred at or in connection with the Site by the U.S. EPA, and by private parties, and to provide for full and complete contribution protection for Settling Parties with regard to the Site pursuant to Sections l13(f) (2) and 122(g) (5) of CERCLA, 42 U.S.C. §§ 9613(f) (2) and 9622(g) (5). 5. Unless0zherwise expressly °provided herein, terms used in this Consent Order, including the attached appendices, that are defined in CERCLA or in regulations promulgated under CERCLA shall have the meaning assigned to them in the statute or regulations. Whenever the.terms listed below are used in this Consent Order, the following definitions shall apply: a."CERCLA" shall mean the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as Casmalia Disposal Site -4- EPA Region IX AOC No. 99-02 1 2 3 4 5 6 7 8 9 io 11 12 13 14 15 16 17 18 19 2o 21 22 23 24 25 26 27 amended, 42 U.S.C. §§ 9601, e__t se_~_q. "Consent Order" or "Order" shall mean this Administrative Order on Consent and all appendices attached hereto. In the event of conflict between this Order and any appendix, the Order shall control. "Day" shall mean a calendar day. In computing any period of .time under this Order, where the last day would fall on a Saturday, Sunday, or a federal holiday, the period shall run until the close of business on the next working day. "Escrow Account" shall mean the escrow account for the Site, which was established pursuant to the Casmalia Consent Decree. The Escrow Account holds money collected, inter alia, from this and other settlements and enforcement activities, and which shall be used for response actions at and concerning the Site. "Interest" shall mean interest at the current rate specified for interest on investments of the U.S. EPA Hazardous~S~b~ta~nc~-Sup~r~un~-est~bl~shed.-by.~26 U.S.C.~ § 96071 compounded annually on October 1 of each year, in accordance with 42 U.S.C. § 9607(a). "Paragraph" shall mean a portion of this Consent Order identified by an Arabic numeral. "Parties" shall mean the "U.S. EPA" and the "Settling Parties." "RCRA" shall mean the Solid Waste Disposal Act, as Casmalia Disposal Site -5- EPA Region IX AOC No. 99-02 1 2 3 4 5 6 7 8 9 IO II 12 13 14 15 16 17 18 19 2o 21 22 23 24 25 26 27 amended, 42 U.S.C. §§ 6901 e__ts_9_q. (also known as the Resource Conservation and Recovery Act). "Respondents" shall mean those persons, corporations, or other entities listed in Appendix A in connection with the facility or facilities specified therein. "Section" shall mean a portion of this Consent Order identified by a Roman numeral. "Settling Federal Agencies" shall mean those departments, agencies or instrumentalities of the United States Government listed in Appendix B in connection with the facility or facilities specified therein. "Settling Parties" shall mean both the "Respondents" listed in Appendix A and the "Settling Federal Agencies" listed in Appendix B. "Site" shall mean the Casmalia Disposal Site, formerly known as the Casmalia Resources Hazardous Waste Management Facility, located approximately ten (i0) miles southwe~£’of~hhe t0wnof-Santa Maria and one and a half.miles north of the town of Casmalia in Santa Barbara County, California. "Trustee" shall mean the trustee of the Escrow Account. "United States" shall mean the United States of America, including its departments, agencies and instrumentalities. "U.S. EPA" shall mean the United States Environmental Casmalia Disposal Site -6- EPA Region IX AOC No. 99-02 1 2 3 4 5 6 7 8 9 i0 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Protection Agency and any successor departments, agencies or instrumentalities. q. "U.S. EPA Hazardous Substance Superfund" shall mean the Hazardous Substance Superfund established by the Internal Revenue Code, 26 U~S.C. § 9507. IV. STATEMENT OF FACTS 6. Paragraphs 7 through 24 below contain a summary of the~ Site background as a11eged by the U.S. EPA which, for purposes of’ this Consent Order, the Settling Parties neither admit nor deny: 7. The Site generally encompasses the former Casmalia Resources Hazardous Waste Management Facility, an inactive commercial hazardous waste treatment, storage, and disposal ("TSD") facility, which accepted large volumes of hazardous substances from 1973 to 1989. Located on a 252-acre parcel in Santa Barbara County, California, the facility consists of six landfills, numerous surface impoundments, disposal trenches, injection wells, waste spreading areas and tank treatment systems. 8. The loc~tion~ cf-th~-S±te~isnearthe southern end of the Casmalia Hills in the Santa Maria Basin of coastal California, approximately ten (10) miles southwest of the town of Santa Maria and one and a half miles north of the town of Casmalia. The now defunct facility is situated within the Shuman Canyon drainage sub-basin on a southern facing slope traversed by three small canyons. Casmalia Creek, about 500 feet west, is the nearest surface water to the Site. This creek flows to the southwest to Casmalia Disposal Site -7- EPA Region IX AOC No. 99-02 1 2 3 4 5 6 7 8 9 IO Ii 12 13 14 15 16 17 18 19 2o 21 22 23 24 25 26 27 join Shuman Creek about one mile southwest of the town of Casmalia. Shuman Creek continues southward and westward, discharging eventually into the Pacific Ocean. 9. Hazardous substances within the definition of Section i01(14) of CERCLA, 42 U.S.C. § 9601(14), have been, or are threatening to be, released into the environment at or from the Site. These hazardous substances include a wide variety of organic and inorganic compounds. i0. During the facility’s sixteen (16) years of operation, the owner(s)/operator(s) accepted 4,452,988,994 pounds of documented liquid and solid wastes from thousands of generators, including numerous large and small private businesses and federal, state, and local governmental entities. ii. From 1980 to 1989, the facility had interim status pursuant to the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. § 6925(e), by operation of law. Because of continuing deficiencies in facility operations, no final RCRA permit was granted. The facility has not been closed adequately in accordance .with the requirements of RCRA. 12. i In late 1989, the owner(s)/operator(s) ceased accepting off-site waste shipments to the facility and, in the early 1990s, the owner(s)/operator(s) stopped all active efforts to properly close and remediate the facility, asserting that they. had insufficient monies to pay for closure or remediation. 13. The facility’s closure fund, the RCRA Closure Trust Fund, set aside by the facility’s owner(s)/operator(s) as Casmalia Disposal Site -8- EPA Region IX AOC No. 99-02 1 2 3 4 5 6 7 8 9 i0 ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 financial assurance to meet RCRA requirements, is insufficient to pay for the costs of closure and post-closure activities at the Site. 14. Once the facility’s owner(s)/0Perator(s) ceased accepting off-site waste in 1989, the owner(s)/operator(s) curtailed facility maintenance activities, and site conditions deteriorated and became unstable. 15. As a result of the release or threatened release of hazardous substances, the U.S. EPA has undertaken response actions at or in connection with the Site under Section 104 of CERCLA, 42 U.S.C. § 9604, and will undertake response actions in the future. In August 1992, the U.S. EPA commenced a removal action under CERCLA to implement certain site stabilization actions, prevent further deterioration of site conditions, and control the most immediate threats. The Site continues to pose an imminent and substantial endangerment within the meaning of Section 106 of CERCLA, 42 U.S.C. § 9606, and Section 7003 of RCRA, 42 U.S.C. § 6973. 16. In ~@~09~ing £~ese £~spo~seactions, the u.s. EPA has incurred and wil! continue to incur response costs at or in connection with the Site. As of September 30, 1998, the U.So EPA has incurred at least $18,300,000 in past response costs. 17. Because the owner(s))operator(s) have failed to perform sufficient closure and remediation activities at the Site, in March 1993, the U.S. EPA, under CERCLA and RCRA authorities, notified a group of approximately sixty-five (65) Casmalia Disposal Site -9- EPA Region IX AOC No. 99-02 1 2 3 4 5 6 7 8 9 I0 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 waste generators, representing some of the parties that ~arranged for disposal of the largest quantities of hazardous’substances at the Site, of their potential liability for site remediation. Approximately fifty (50) of the first sixtY-five (65) notified generators formed the Casmalia Steering Committee ("CSC"). The U.S. EPA negotiated with the CSC and other PRPs to secure implementation of response actions at or in connection with the Site. 18. On September 17, 1996, the United States filed a complaint against the CSC pursuant to Sections 106 and 107 of CERCLA, 42 U.S.C. §§ 9606 and 9607, and Section 7003 of RCRA, 42 U.S.C. § 6973, seeking cleanup of the facility and payment of certain response costs incurred by the United States in c~nnection with the Site. On this same date, the United States lodged a consent decree between the U.S. EPA and the CSC ("Casmalia Consent Decree") in the Central District of California, United States District Court, resolving the claims in that complaint. On June 23, 1997, the Court entered the Casmalia Consent Decree. 19. The Casmalia Consent Decree establishes a comprehensive framework in which to address: (i) the remediation of the Site to protect public health, welfare and the environment from the release or threatened release of hazardous substances at the Site; and (2) the performance and financing of the response actions to be undertaken at the Site. The Casmalia Consent Decree contemplates that a significant portion of the work at the Casmalia Disposal Site -I0- EPA Region IX AOC No. 99-02 2 3 4 5 6 7 8 9 I0 ii 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 Site will be paid for by funds obtained through future enforcement efforts, including, but not limited to, cashout settlements (such as this ~e minimis Consent Order), and various enforcement and settlement efforts directed toward the prior owner(s)/operator(s) of the Site and other non-d__e minimis PRPs. 20. On December 23, 1997, the United States filed a complaint against Casmalia Resources, Hunter Resources and Kenneth H. Hunter, Jr., who were former owner(s)/operator(s) of the Site, seeking the recovery of past and future response costs associated with the Site. That litigation is proceeding. 21. To effectuate the collection of funds from, and to provide a settlement opportunity to, the de minimis PRPs associated with the Site, from October through December 1998, the U.S. EPA notified a subset of these PRPs, totalingapproximately 800 parties, including 32 federal government agencies, of their potential liability in connection with the Site. In January, 1999, the U.S. EPA provided these PRPs with the opportunity to resolve their liability by entering into this Consent Order. The Settling Parties..are.-am~ng~th~s~-part±~s-"that’-received such notice and the opportunity to settle. The U.S. EPA intends to enter into additional settlements such as this one with other minimis PRPs in the future with respect to this Site. 22. Information currently known to the U.S. EPA indicates that each Respondent listed on Appendix A and each Settling Federal Agency listed on Appendix B arranged for disposal or treatment, or arranged with a transporter for transport for Casmalia Disposal Site -II- EPA Region IX AOC No. 99-02 2 3 4 5 6 7 8 9 i0 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 disposal or treatment, of hazardous substances owned or possessed by such Respondent or Settling Federal Agency, by any other person or entity, at the Site, or accepted a hazardous substance for transport to the Site which was selected by such Respondent or Settling Federal Agency. 23. Information currently known to the U.S. EPA indicates that each Respondent listed on Appendix A and each Settling Federal Agency listed on Appendix B contributed less than 2,843,000 pounds of materials containing hazardous substances to the Site, and the hazardous substances contributed by each Settling Pa~ty to the Site are not significantly more toxic or of significantly greater hazardous effect than other hazardous substances at the Site. The volume of materials attributed by ~he U.S. EPA to each Respondent or Settling Federal Agency is specified in Appendix A or B, respectively. 24. The U.S. EPA estimates that the total response costs incurred and to be incurred at or in connection with the Site by the U.S. EPA Hazardous Substance Superfund and by private parties is $399 million. Th~"Payment required~to be made by each Settling Party pursuant to this Consent Order is a minor portion of this total amount. The required payment for each Respondent or Settling Federal Agency is specified in Appendix A or B, respectively. V. DETERMINATIONS 25. Based upon the Findings of Fact set forth above and on the Casmalia Disposal Site -12- EPA Region IX AOC No. 99-02 1 2 4 5 6 7 8 9 I0 ii 12 13 14 15 16 17 18 19 2o 21 22 23 24 25 26 27 administrative record for this Site, the U.S. EPA has determined that : a.The Site is a "facility" as that term is defined in Section 101(9) of CERCLA, 42 U.S.C. § 9601(9). b.Each Settling Party is a "person" as that term is defined in Section 101(21) of CERCLA, 42 U.S.C. § 9601 (21). c.Each Settling Party is potentially liable pursuant to Section 107(a) of CERCLA, 42 U.S.C. § 9607(a), and is a "potentially responsible party" within the meaning of Section 122(g)(I) of CERCLA, 42 U.S.C. § 9622(g)(1). d.There has been an actual or threatened "release" of a "hazardous substance" at the Site as those terms are defined in Section 101(22) and (14) of CERCLA, 42 U.S.C. § 9601(22) and (14). e.The actual or threatened release of a hazardous substance at the Site has caused or may cause the incurrence of response costs within the meaning ~of Section ~107~(&) ~6~f’~CERCLA,’’~°U.S.C.~ § 9607(a) . f. Prompt settlement is "practicable" and in the "public interest" within the meaning of Section 122 (g)(I) of CERCLA, 42 U.S.C. § 9622(g)(i). g.As to each Settling Party, this Consent Order involves. only a minor portion of the total response costs at the Site within the meaning of Section 122(g)(i) of CERCLA, 42 U.S.C. § 9622(g)(i). Casmalia Disposal Site -13- EPA Region IX AOC No. 99-02 1 2 3 4 5 6 7 8 9 i0 Ii 12 13 14 15 16 17 18 19 20 21 22 23 24 ’25 26 27 h.The amount of hazardous substances and the toxic or other hazardous effects of the hazardous substances contributed to the Site by each Settling Party are minimal in comparison to other hazardous substances at the Site within the meaning of Section 122 (g)(I)(A) of CERCLA, 42 U.S.C. § 9622(g) (I) (A). VI. ORDER 26. Based upon the administrative record for the Site and the Statement of Facts and the Determinations set forth~above, and in consideration of the promises and covenants set forth herein, the following is hereby AGREED AND ORDERED: VII. PAYMENT Siqnature and Payment by Respondents 27. Each Respondent shall, by March 12, 1998 at 5:00 p.m. Pacific Standard Time, remit to the U.S. EPA a fully and properly executed original signature page for this Consent Order and shall pay to the Escrow Account the payment specified for that Respondent in the column opposite that Respondent’s name in Appendix A in a~cordancewith ~£he instructions provided in Paragraph 33(a). 28. The U.S. EPA retains the discretionary and unreviewable authority to extend in writing the deadline for submitting signature pages and payments by individual Respondents. Siqnature and Payment by Settlinq Federal Aqencies 29.Within a reasonable time after receipt of this Consent Order, but no later than April 12, 1999, each Settling Casmalia Disposal Site -14- EPA Region IX AOC No. 99-02 1 2 3 4 5 6 7 8 9 I0 ii 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 Federal Agency shall send a fully and properly executed original signature page for this Consent Order to: Casmalia Case Team U.S. EPA Region IX 75 Hawthorne Street (WST-I-A) San Francisco, California 9~i05-3901 30. As soon as reasonably practicable after the effective date of this Consent Order, the United States, on behalf of the Settling Federal Agencies, shall pay the amount specified for the Settling Federal Agencies in Appendix B. (This amount represents the total of the amounts set forth in Appendix B to this Consent Order for all of the Settling Federal Agencies.) Such payment shall be made and evidence of such payment shall be sent as provided in Paragraph 33(b). 31. The Parties to this Consent Order recognize and acknowledge that the payment obligations of the Settling Federal Agencies under this Consent Order can only be paid from appropriated funds legally available for such purpose. Nothing in this Consent Order shall be interpreted or construed as a commitment or requirement~that any Settling’ ?ed~ra~l~Agency~ obligate or pay funds in contravention of the Anti-Deficiency Act, 31 U.S.C. § 1341, or any other applicable provision of law. 32. Calculation of Payment. Each Settling Party’s payment is based on its share, by weight, of the estimated total response costs incurred or to be incurred at or in connection with the Site; the U.So EPA’s total cost estimate is $399 million. Each payment amount, includes a premium of 100% to cover the risks and uncertainties associated with this settlement, including, but notlimited to, the risk that total Casmalia Disposal Site -15- EPA Region IX AOC No. 99-02 1 2 3 4 5 6 7 8 9 i0 Ii 12 13 14 15 16 17 18 19 2o 21 22 23 24 25 26 27 response costs incurred or to be incurred at or in connection with the Site by the U.S. EPA, or by any private party, will exceed the estimated total response costs upon which Settling Parties’ payments are based. The premium is not assessed against the U.S. EPA’s past response costs, which total $18.3 million. The mathematical formula for calculating each Settling Party’s payment amount is as follows: Your Company or Organization’s Waste Quantity Total Site Waste Quantity 4.453 Billion Ibs. Estimated Site Premium (100%) Remediation 2.0 X Cost X $399 Million = Payment Amount Your Company or Organization’s Waste Quantity Total Site Waste Quantity 4.453 Billion Ibs. U.S. EPA Past [No Premium Response Assessed] X Costs X $18.3 Million 33 Payment Provisions ao Payment by Respondents. With respect to each Respondent’s.payment, payment shall be made by one of the following methods: (i)B__Z. Cashier’s or Certified Check Mail a cashier’s check or certified check, made payable to "BTCo. as Custodian for Casmalia Resources Site" to the following address: P.O. Box 13248 (Lbox #13248), Casmalia Disposal Site -16- EPA Region IX AOC No. 99-02 1 2 3 4 5 6 7 8 9 I0 ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Newark, NJ 07101. Enclose with your check the completed Payment Invoice. (ii) By Wire Transfer Wire funds to: Bankers Trust Co. c/o Mr. Paul Dispenza 4 Albany Street, New York, NY 10006 ABA/Locator#: 021-001-033 Acct #: 01-419-647 REF: Casmalia Resources Site Custodial Agreement Pa_~: City of Palo Alto Either form of payment shall reference the Respondent’s name precisely as it appears on the top of the signature page to the Consent Order. Any payments received by the Escrow Account after 5:00 p.m. Pacific Standard Time will be credited on the next business day. At the time of payment, each Respondent shall: i) submit the signature page for the Consent Order bearing the original signature of an authorized representative of Respondent; and 2) submit a copy of the completed Payment Invoice to: Casmalia Case Team U.S. EPARegion IX 75 Hawthorne Street~-(WS~-~-~) .......... San Francisco, California 94105-3901 Payment by Settlinq Federal Aqencies. The United States, on behalf of the Settling Federal Agencies, shall pay the totai specified for all Settling Federal Agencies in Appendix B to the Consent Order to ~Bankers Trust Co. as Custodian for Casmalia Resources Site." At the time of payment, the United States shall submit documentation that payment of the entire amount owed on Casmalia Disposal Site -17-EPA Region IX AOC No. 99-02 1 2 3 4 5 6 7 8 9 I0 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 behalf of the Settling Federal Agencies has been made to: Casmalia Case Team U.S. EPA Region IX 75 Hawthorne Street (WST--I-A) San Francisco, California 94105-3901 34. Refunds from the Escrow Account~ In the event that this Consent Order does not become effective, then the U.S. EPA shall direct the Trustee, within thirty (30) days of receipt of notice of such event from the U.S. EPA, to refund the Settling Parties’ payment(s). Any refunds made under this Paragraph shall include the interest accrued on the payment, if any, minus a pro rata share of the costs of administering the Escrow Account to that date and taxes payable by the Trustee. 35. Disqualification. If at any time prior to the effective date of this Consent Order, the U.S. EPA determines, in its sole and unreviewable discretion, that one or more of the statements of facts made in Paragraph 23 or the determinations made in Subparagraphs 25(g) or (h) no longer apply(ies) to a Settling Party, such Sett’~f~g PXrty shal~-bedf~qual~f~ed from participation in this settlement, and the Trustee shall, within thirty (30) days of receipt of written notification by the U.S. EPA of such disqualification, refund such Settling Party’s payment. VIII. 36. Casmalia Disposal Site FAILURE BY RESPONDENTS TO MAKE TIMELY PAYMENTS Interest on Late Payments a..If a Respondent fails to remit the payment required by Paragraph 27 when due, then that -18- EPA Region IX AOC No. 99-02 1 2 3 4 5 6 7 8 9 I0 ii 12 13 14 15 16 17 18 19 ¯ 20 21 22 23 24 25 26 27 Respondent shall pay Interest on the unpaid balance, commencing on the date that payment is due and accruing through the date of the payment. b.Interest shall be paid by a separate check in the amount of the Interest owed and shall be sent simultaneously with the payment required by Paragraph 27. Payment of Interest shall be made and a copy of the cashier’s or certified check shall be sent as provided in Paragraph 33 (Payment Provisions). Stipulated Penalties and Disqualification a.In addition to the Interest required by Paragraph 36, if a Respondent fails to remit the payment required by Paragraph 27 when due, then that Respondent shall also pay stipulated penalties to the U.S. EPA of $I,000 per day for each day that the payment is late. b.Penalties shall begin to accrue from the day when payment by~a, Re~p0n~ent~ is~due pursuant~ to Paragraph 27 and shall continue to accrue until ail payments required by this Order for that Respondent have been paid in full (e._~., when all payments, Interest, and stipulated penalties are paid in full). Penalties shall accrue regardless of whether the U.S. EPA or the Trustee has notified the Respondent of a violation. c. Interest on penalties shall begin to accrue on the -19- EPA Region IX AOC No. 99-02 37. Casmalia Disposal Site 1 2 3 4 5 6 7 8 9 I0 Ii 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 unpaid balance at the end of thirty (30) days from the. date that payment was due under Paragraph 27. Stipulated penalties due to the U.S.. EPA shall be paid contemporaneously with the payment of the amount required by Paragraph 27 and the Interest thereon required by Paragraph 37. However, stipulated penalties, including any Interest owed on the stipulated penalties pursuant tO subparagraph c of this Paragraph, shall be paid by a separate certified or cashier’s check made payable to "U.S. EPA Hazardous Substances Superfund," and shall be mailed to: Chief, Superfund Accounting Unit U.S. EPA Region IX 75 Hawthorne Street San Francisco, CA 94105-3901 (PMD-6) All payments shall indicate that the payment is for stipulated penalties and shall reference the name and address of the party making payment and the U.S. EPA Regional Site Spill ID Number 09-3H. Nothing herein shall prevent the simultaneous accrual of separate penalties for separate violations of this Order. Notwithstanding any other provision of this Section, the United States may, in its sole and unreviewable discretion, waive payment of any portion of the stipulated~penalties that have Casmalia Disposal Site -20- ’ EPA Region IX AOC No. ~9-02 1 2 3 4 5 6 7 8 9 I0 II 12 13 14 15 16 17 18 19 2o 21 22 23 24 25 26 27 accrued pursuant to this Consent Order. 38. Alternatively, if a Respondent fails to submit its specified payment by the date specified in Paragraph 27, above, instead of assessing stipulated penalties as provided in Paragraph 37, the U.S. EPA may determine, in its sole and unreviewable discretion, that such party is disqualified from participating in the Settlement. The U.S. EPA shall promptly return the signature page and shall direct the Trustee promptly to return the payment (if any) submitted by any party whom the ¯U.S. EPA determines is disqualified from participating in this Settlement. 39. If the United States brings an action to enforce this Order against Respondent(s), such Respondent(s) shall reimburse the United States for all costs of such action, including but not limited to costs of attorney time. 40. Payments made under this Section shall be in addition to any other remedies or sanctions available to the United States by virtue of Respondents’ failure to comply with the requirements of this Order ................ . .............. IXo Casmalia Disposal Site FAILUREBY SETTLING FEDERAL AGENCIES TO MAKE TIMELY pAYMENTS 41. Interest on Late Payments. a.If the United States, on behalf of the Settling Federal Agencies, fails to remit the payment required by Paragraph 30 within ninety (90) days of the effective date of this Order, then the United States shall pay Interest on the unpaid -21- EPA Region IX AOC No. 99-02 2 3 4 5 6 7 8 9 I0 Ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 balance, commencing on the ninety-first (91s~) day from the effective date of this Order and accruing through the date of the payment. b.Interest shall be paid by a separate check in the amount of the Interest owed and shall be sent simultaneously with the payment required by Paragraph 30. Payment of Interest shall be made and a copy of the check shall be sent as provided in Paragraph 33(b). 42. If the full payment required of the Settling Federal Agencies is not made as soon as reasonably practicable, as required by Paragraph 30, the Hazardous Waste Branch Chief of the U.S. EPA Office of Regional Counsel, Region IX, may raise the issue of non-payment to the appropriate U.S. Department of Justice ("U.S. DOJ") Assistant Section Chief for the Environmental Defense Section. X. CERTIFICATION OF SETTLING PARTy 43. By signing this Consent Order, each Settling Party certifies, individua~ly;~that~it:~has"n~reasun-to~di~agree°with~ the U.S. EPA’s determinations that such Settling Party: (a) contributed less~than 2,843,000 pounds of waste sent to the Casmalia Disposal Site; and (b) contributed waste of minimal toxic or other hazardous effects in comparison to other hazardous substances at the Site. XIo COVENANT NOT TO SUE BY UNITED STATES 44. In consideration of the payments that will be made by Respondents under the terms of this Consent Order, and except as Casmalia Disposal Site -22- EPA Region IX AOC No. 99-02 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 specifically provided in Section XII (Reservation of Rights by United States) of this Consent Order, the United States hereby covenants not to sue. or to take administrative action against any of the Respondents pursuant to Sections 106 or 107 of CERCLA, 42 U.S.C. 8§ 9606 or 9607, and Section 7003 of RCRA, 42 U.S.C. § 6973,~relating to the Site. With respect to present and future liability, this covenant shall take effect upon the effective date of this Order as set forth in Section XIX (Effective Date). With respect to each Respondent, individually, this covenant is conditioned upon: a) the satisfactory performance by Respondent of all obligations under this Consent Order; and b) the veracity of any information provided to the U.SI EPA by Respondent relating to Respondent’s involvement with the Site. This covenant extends only to Respondents and does not extend to any other person.. 45. In consideration of the payments that will be made on behalf, of Settling Federal Agencies under the terms of this Consent Order, and except as specifically provided in Section XII (Reservation of Right~ by~United~States)~ of_.this Consent~Order.~ the U.S. EPA hereby covenants not to take administrative action against any of the Settling Federal Agencies pursuant to Sections 106(a) or 107(a) of CERCLA, 42 U.S.C. 88 9606 or 9607, and Section 7003 of RCRA, 42 U.S.C. § 6973, relating to the Site. This covenant not to take administrative action shall take effect with respect to each Settling Federal Agency identified in Appendix B upon the receipt of the entire payment required of the United States on behalf of the Settling Federal Agencies pursuant Casmalia Disposal Site -23- EPA Region IX AOC No. 99-02 1 2 3 4 5 6 7 8 9 I0 ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 to Paragraph 30 of this Consent Order. With respect to each Settling Federal Agency, indi~idually, this covenant is conditioned upon: a) the satisfactory performance by such Settling Federal Agency of all of its obligations under this Consent Order; and b) the veracity of any information provided to the U.S. EPA by such Settling Federal Agency relating to its involvement with the Site. This covenant-extends only to Settling Federal Agencies, and their successors, and does not extend to any other person. XII. RESERVATIONS’OF RIGHTS BY UNITED STATES 46. The covenants by the United States set forth in Paragraphs 44 and 45 of this Consent Order do not pertain to any matters other than those expressly specified in Paragraphs 44 and 45. The United States reserves, and this Order is without prejudice to, all rights against Respondents, and the U.S. EPA and the federal natural resource trustee(s) reserve, and this Order is without prejudice to, all rights against the Settling Federal Agencies, with respect to all other matters, including but not limited toz ..... a.liability for failure to meet a requirement of this Consent Order; b.criminal liability; c.liability for damages for injury to, destruction of, or loss of natural resources, and for the costs of any natural resource damage assessments; d.liability arising from any future arrangement .for disposal or treatment of a hazardous substance, Casmalia Disposal Site -24- EPA Region IX AOC No. 99-02 2 3 4 5 6 7 8 9 i0 II 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 pollutant or contaminant at the Site after the effective date of this Consent Order; e.liability arising from the past, present, or future disposal, release, or threat of release of a hazardous substance, pollutant, or contaminant outside of the Site; and f.liability arising from the past, present, or future disposal, release, or threat of release of a hazardous substance, pollutant, or contaminant at the Site originating from a facility owned or operated by a Settling Party and not specified in Appendix A (for Respondents) or B (for Settling Federal Agencies). 47. Notwithstanding any other provision in this Consent Order, the United States reserves, and this Consent Order is without prejudice to, the right to institute judicial or administrative proceedings against any individual Respondent seeking to compel that Respondent, and the U.S. EPA reserves the right to issue an administrative order seeking to compe! any Settling Federal Agency,,.to~perfor~response~actions~rel~at±ng to the Site, and/or to reimburse the United States for additional costs of response, if information not currently known to the U.S. EPA is discovered which indicates that such Settling Party no longer qualifies as a de minimis party at the Site because such Settling Party contributed more than 2,843,000 pounds of materials containing hazardous substances to the Site, or contributed hazardous substances that are significantly more toxic or are of significantly greater hazardous effect than other Casmalia Disposal Site -25- EPA Region IX AOC No. 99-02 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 2o 21 22 23 24 25 26 27 hazardous substances at the Site. XIII. COVENANT NOT TO SUE BY RESPONDENTS 48. Except as provided in Paragraph 50(c), Respondents covenant not to sue and agree not to assert any claims or causes of action against the United States or its contractors or employees with respect to the Site or this Consent Order including, but not limited to: a.any direct or indirect claim for reimbursement from the U.S. EPA Hazardous Substance Superfund based on Sections 106(b) (2), 107, Iii, 112, or 113 of CERCLA, 42 U.S.C. §§ 9606(b) (2), 9607, 9611, 9612, or 9613, or any other provision of law; b.any claims arising out of response activities at the Site; c. any claim against the United States pursuant to Sections 107 and 113 of CERCLA, 42 U.S.C. §§ 9607 ~.and~611~.relating~.t,he Site.. ..... 49. Nothing in this Consent Order shall be deemed to constitute preauthorization or approval of a claim within the meaning of Section Iii of CERCLA, 42 U.S.C. § 9611, or 40 C.F.R. 300.700(d). 50. Settling Parties covenant not to sue and agree not to assert any claims or causes of action with regard to the Site pursuant to Sections 107 and 113 of CERCLA, 42 U.S.C. §§ 9607 and Casmalia Disposal Site -26- EPA Region IX AOC No. 99-02 1 2 3 4 5 6 7 8 9 i0 Ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 9613, against: a. b. any other Settling Party; any PRPs (Federal or non-Federal) that the U.S. EPA may in the future designate as "de micromis" consistent with the U.S. EPA’s Revised Guidance on CERCLA Settlements with De Micromis Waste Contributors (June 3, 1996) and/or other applicable guidance; c.any other PRP (Federal or non-Federal) for a period of thirty (30) months after the effective date of this Order, at which time Respondents may assert claims or causes of action against any non- de micromis PRPs that have not settled their liability for the Site; or d.any of the defendants in United States v. ABB Vetco Gray Inc., Civ. No. 96-6518-KMW (JGx), that are parties to the Consent Decree entered in that action’on June 23, 1997. XIV. EFFECT OF.ISET~LEME~NT/O.NTRIB~TION PROTECTION 51. Nothing. in this Consent Order shall be construed to create any rights in, or grant any cause of action to, any person not a Party to this Consent Order. Except as otherwise provided in Paragraph 50, the United States and Respondents each reserve any and all rights (including, but not limited to, any right to contribution), defenses, claims, demands and causes of action that each Party may have with respect to any matter, transaction, or occurrence relating in any way to the Site against any person Casmalia Disposal Site -27- EPA Region IX AOC No. 99-02 2 3 4 5 6 7 8 9 i0 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 not a Party hereto. 52. In any subsequent administrative or judicial proceeding initiated by the United States for injunctive relief, recovery of response costs or other relief relating to the Site, Settling Parties shall not assert, and may not maintain, any defense’or claim based upon the principles of waiver, re___~s judicata, collateral estoppel, issue preclusion, claim-splitting, or other defenses based upon any contention that the claims raised in the subsequent proceeding were or should have been brought in the instant action; provided, however, that nothing in this Paragraph affects the enforceability of the covenants included in Paragraphs 44 and 45. 53. The Parties agree that each Settling Party is entitled, as of the effective date of this Consent Order, to protection from contribution actions or claims as provided by Sections l13(f) (2) and 122(g) (5) of CERCLA, 42 U.S.Co §§ 9613(f) (2) and 9622(g) (5), for "matters addressed" in this Consent Order. The "matters addressed" in this Consent Order are all response actions taken by. theLUnited~States~and_.hy_priva.te ~ parties, and all’response costs incurred and to be incurred by the United States and by private parties, at or in connection with the Site. The "matters addressed" in this Consent Order do not include those response costs or response actions as to which the United States has reserved its rights under this Consent Order (except for claims for failure to comply with this Order), in the event that the United States asserts rights against Settling Parties coming within the scope of such reservations. Casmalia Disposal Site -28- EPA Region IX AOC No. 99-02 1 2 3 4 5 6 7 8 9 i0 iI 12 13 14 15 16 17 18 19 2o 21 22 23 24 25 26 27 54. The Settling Parties agree that with respect to any suit or claim for contribution brought by them for matters related to this Consent Order, they will notify the U.S. EPA in writing at the following address no later than sixty (60) days prior to the initiation of such suit or claim: Chief, Hazardous Waste Branch Office of Regional Counsel U.S. Environmental Protection Agency 75 Hawthorne Street (ORC-3) San Francisco, CA 94105-3901 XV. PARTIES BOUND 55. This Consent Order shall apply to and be binding upon the U.S. EPA and upon Respondents and their heirs, successors and assigns. Any change in ownership, political configuration, or corporate or other legal 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 Consent Order. Each signatory to this Consent Order certifies that he or she is authorized to enter into the terms and conditions of this Consent Order and to bind legally, the Party represented by him or her. 56. This Consent Order shall apply to and be binding upon the U.S. EPA and upon Settling Federal Agencies. Each signatory to this Consent Order represents that he or she is authorized to enter into the terms and conditions of this Order and to bind legally the federal department, agency or instrumentality represented by him or her. Casmalia Disposal Site -29- EPA Region IX AOC No. 99-02 1 2 3 4 5 6 7 8 9 I0 ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 xvl. INTEGRATION/APPENDICES 57. This Consent Order and its appendices constitute the final, complete and exclusive agreement and understanding among the Parties with respect to the settlement embodied in this Consent Order. The Parties acknowledge that there are no representations, agreements or understandings relating to the settlement other than those expressly contained in this Consent Order. The following appendices are attached to and incorporated into this Consent Order: "Appendix A" is the list of Respondents. "Appendix B" is the list of Settling Federal Agencies. XVII. PUBLIC COMMENT 58. This Consent Order shall be subject to a public comment period of not less than thirty (30) days pursuant to Section 122(i) of CERCLA, 42 U.S.C. § 9622(i). In accordance with Section 122(i) (3) of CERCLA, 42 U.S,C. § 9622(i) (3), the U.S. EPA may withdraw or modify consent to this Consent Order if comments received disclose facts or considerations which indicate that this Consent~Order is~inappropriatei-improper or~inadequate~~ XVIII. ATTORNEY.GENERAL APPROVAL 59. The Attorney General or her designee has approved the settlement embodied in this Consent Order in accordance with Section 122(g) (4) of CERCLA, 42 U.S.C. § 9622(g) (4). XIXo EFFECTIVE DATE 60. The effective date of this Consent Order shall be the date upon which the U.S. EPA issues written notice to Settling Casmalia Disposal Site -30- EPA Region IX AOC No. 99-02 1 2 3 4 5 6 7 8 9 10 ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Parties and the Section Chief of the Environmental Defense Section of the Department of Justice that the public comment period pursuant to Paragraph 58 of this Order has closed and that comments received, if any, do not require modification of or the U.S. EPA’s withdrawal from this Consent Order. IT IS SO AGREED AND ORDERED: U.S. Environmental Protection Agency By: Julie Anderson Director Waste Management Division U.S. EPA Region IX Casmalia Disposal Site -31- EPA Region IX AOC No. 99-02 1 2 3 4 5 6 7 8 9 i0 ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 CONSENT AND AUTHORIZATION City of Palo Alto City of Palo Alto (~Settling Party"), by the duly authorized representative named below, hereby consents to this Administrative Order on Consent and agrees to be bound by the terms and conditions hereof. AGREED THIS . DAY OF , 1999 By: (Signature) (Print or Type Name) Please check the appropriate box(es) : [] Enclosed is a completed Waste Quantity Review Application.* [] Enclosed is a completed Financial Review Application.* *This enclosure will not be incorporated into the Consent Order. Casmalia Disposal Site -32-EPA Region IX AOC No. 99-0’2 Settling Party City of Newport Beach City of Norwalk ~ppentaix ~ Summary of De Minimis Settlement Amounts Respondents Name Facility Data Address ICity St Qty. (Ibs.) ., Total:101,610 100% Payment 95% Payment City of Newport Beach City of Newport Beach City of Newport Beach - Hoag Memorial Hospital City of Newport Beach - Police Dept. 3200 Newport Blvd Newport Beach 592 Superior Ave Newport Beach 301 Newport Blvd, Box Y Ne.wport Beach 870 Santa Barbara Dr Newport Beach CA 89,978 $ CA 82,628 CA 6,777 18,627 $ 17,695 16,494 $15,669 15,147 14,389 1,242 1,180 CA 626,303 I14,810 805,686 $147,694 $ 109,069 140,309 City of Norwalk City of Norwalk - Excelsior High School City of Norwalk - John Glenn High School City or" Norwalk - La Mirada High School City of Norwalk - Metropolitan State Hospital City of Norwalk - Norwalk High School 12700 Norwalk Bird Norwalk 15711 Pioneer Bird Norwalk 13520 Shoemaker Ave Norwalk 12820 S Pioneer Norwalk 11400 Norwalk Blvd Norwalk If 356 E Leffingwell Rd Norwalk CA 54,054 ~9,909 S 9,413 CA ~,058 ’561 532 CA 4,584 840 798 CA 2,113,386 387,415 368,043 CA 207,426 38,024 36,123 CA 492 90 85 To~l:2,383,000 S 436,839 S 414,996 City of Palo Alto City of Pato Alto City of Polo Alto City of Palo Alto City of Palo Alto - Fire Dept. City of Palo Alto - Polo Alto High School City of Palo Alto - Palo Alto Sanitation Co. (PASCO) City of Palo Alto - Palo Alto Unified Sch6ol District"" " " ...... City oi;Palo Alto - Palo Alto Unified School District City of Palo Alto - Police Dept. 1201 E Bayshore Palo Alto 250 Hamilton Ave Palo Alto 2501 Embarcadero Way Palo Alto P.O. Box 10250 Palo Alto 50 Embarcadero Rd Palo Alto 2000 Gent Rd Palo Alto 25 Churchill Ave Polo Alto 780 Arstrado Rd Polo Alto 275 Forrest Ave Polo Alto CA 140,900 S 25,829 $24,537 CA 6,257 !,147 1~89 CA 234,289 42,949 40,801 CA 2,630 482 458 CA 3,737 685 .650 CA 1,348 247 234 CA 4,678 858 814 CA 568 104 98 CA 647 119 112 Tomb 395,054 $72,419 S 68,798 City of Richmond City of Richmond City of Richmond - City Hall City of Richmond - Police Dept. P.O. Box 4046 Richmond Hall Ave Site Richmond 401 27th St Richmond CA 37,563 $6,886 $6,541 CA 2,176,464 398,978 379,028 CA 3,855 707 671 Tomb 2,217,882 $406,570 $386,241 City of Riverside ¯ CasmaHa DisposalSite City of Riverside City of Riverside City of Riverside - Fire Dept. City of Riverside - Police Dept. City of Riverside - Police/Printing Svcs. City of Riverside - Public 3900 Main St Riverside 8095 Lincoln Ave Riverside 3601 9th St Riverside 4~02 Orange St Riverside 2980 Washington St Riverside 10406 Allenby St Page 28 Riverside CA 15,668 $2,872 $2,728 CA 83,472 15,302 14,536 CA 648 119 112 CA 58,351 10,697 10,161 CA 836 153 145 CA 12,580 2,306 2,190 EPA ReglonlXAOCNo. 99-02 ATTACHMENT F City of Palo Alto Public Works Department Divisions AdminMration 650.329.2373 650.329.2299 fax Engineering 650.329.2151 650.329.2299 fax Environmental Compliance 650.329.2598 650.494.3531 fax Equipment Management 650.496.6922 650.496.6958 fax Facilities Management 650.496.6900 650.496.6958 fax Operations 650.496.6974 650.852.9289 fax Regional Water Quality Control 650.329.2598 650.494.3531 fax Casmalia Case Team U.S. EPA Region IX 75 Hawthorne Street (WS-1A) San Francisco, CA 94105-3901 April 27, 1999 Subject:Waste Quantity Review Request - Mistaken Identities, Errors in Amounts Attributed, and Duplicate Manifest Dear Waste Quantity Review Officer, We received copies of the manifest documents on file at the EPA that indicates waste was sent by the City of Palo Alto to the Casmalia Hazardous Waste Facility. After reviewing the manifests and the Waste Summary Report included in the De Minimus Settlement Offer Package, we have concluded that a waste quantity review would be in order because of mistaken identities, errors in the amounts attributed, and a duplicate manifest. Mistaken Identities According to our records and records held by the EPA, the following manifests and wastes were not generated by the City of Palo Alto: Units in pounds (lbs.) Manifest #Generator .......................EPA ID#Quantity 084343593 Palo Alto Unified School District CAD981463417 1,704 lbs. 084786923 Palo Alto Unified School District CAD981463417 31 lbs. 084787140 Palo Alto Unified School District CAD981463417 976 lbs. 087066278 Palo Alto Unified School District CAD981463417 1,026 lbs. 088304099 .~Palo Alto Sanitation Company CAD982361859 701 lbs. 088305593 Palo Alto Sanitation Company CAD982361859 647 lbs, 084748188 Palo Alto Unified School District CAD981458060 1,144 lbs. 084748210 Palo Alto Unified School District CAD981458060 1,414 lbs. 087066945 Palo Alto Unified School District CAC000054285 800 Ibs. 087066952 Palo Alto Unified School District CAC982399636 720 lbs. 087789071 Palo Alto Unified School District CAC000054285 171 Ibs. 088623566 Palo Alto Unified School District CAC000169213 429 lbs. 087066766 Palo Alto Unified School District CAD981458060 568 lbs. RO.Box 10250 Palo Alto, CA 94303 The City of Palo Alto has only had two permanent EPA lD#s that were issued during this time period which were CAT000604017 and CAH111000025 (Household Hazardous Waste Generator ID). Please check with the Department of Toxic Substance Control (DTSC) Manifest Unit at (916) 324-1781. We made phone calls to the DTSC for the EPA lD#s listed above which we knew were not City of Palo Alto EPA ID#s and this is what we discovered. Manifests 084343593, 084786923, 084787140, 087066278, 084748188, 084748210, and 087066766 were shipped under permanent EPA ID#s CAD981463417 and CAD981458060. These EPA ID#s were verified by the DTSC to be registered to the Palo Alto High School at 50 Embarcadero Road and the Palo Alto Unified School District (PAUSD) at 750 North California Avenue, Palo Alto. The contact person who requested the EPA ID#s was August Lavagnino. Manifests 087066952 and 087789071 were shipped under temporary EPA ID# CAC000054285. This EPA ID# was verified bY the DTSC to be registered to the Stanford Middle School at 480 East Middlefield Road (contact person August Lavagnino). This school is part of the PAUSD organization. Manifest 087066952 was shipped under temporary EPA ID# CAC982299636 and was verified by the DTSC to be registered to the Stanford Middle School at 480 East Middlefield Road (contact person August Lavagnino). Again, this school is part of the PAUSD organization. Manifest 088623566 was shipped under temporary EPA ID# CAC000169213 and was verified by the DTSC to be registered to the Jordon Middle School at 750 North California Avenue in Palo Alto (contact person Rosemarie Betmar). Again, this school is part of the PAUSD organization. Manifests 088304099 and 088305593 were shipped under permanent EPA ID# CAD982361859 which was verified by the DTSC to be registered to Palo Alto Sanitation Company (PASCO) at 2000 Geng Road, Palo Alto. The City of Palo Alto is a California Municipal Corporation. The PAUSD is a unified school district of the County of Santa Clara. PASCO is a private industry California Corporation. Both are separate entities and they operate independently from the City of Palo Alto. Additional documentation.is available upon request. The City of Palo Alto has never arranged for disposal for any PAUSD or PASCO generated hazardous waste. The amount of hazardous waste incorrectly assigned due to Mistaken Identity is 10,331 lbs. Errors in Amounts Attributed The following manifests had errors in the amounts attributed: Manifest #Generator EPA ID# 088002807 City of Palo Alto CAT000604017 3365 City of Palo Alto CAT000604017 Quantity 33,480 lbs 33,480 lbs The waste quantity on Manifest # 088002807 was incorrectly converted from kilograms to lbs. The quantity on the manifest was 2,054.7 kilograms (kg). The conversion of kilograms to lbs. is 2.204 lbs. per kilogram. Therefore, the correct quantity should be 4,529 ibs. and not 33,480 ibs. The amount of incorrectly assigned hazardous waste is 28,951 ibs. (33,480-4,529=28,951). The waste quantity on Manifest # 3365 was incorrectly converted from gallons to lbs. The quantity on the manifest was 495 gallons (gai). The waste was an acid solution with 6000 parts per million cyanide salts. This indicates that the solution was mostly water. The conversion of gallons of water to lbs. water is 8.345 lbs. per gallon. Therefore, the correct quantity should be 4,131 lbs. and not 33,480 lbs. The amount of incorrectly assigned hazardous waste is 29,349 ibs. (33,480-4131=29,349). Duplicate Manifest Manifest # 088002807 is listed twice on the Waste Summary Report of the De Minimus Settlement Offer Package. These manifests were incorrectly identified as two distinct manifests when actually it is quite clear after inspection that they are the same. All the information on each manifest is identical. Therefore, 44,000 lbs. of waste was incorrectly assigned as a result of the duplicate manifest. The amount of incorrectly assigned waste is 44,000 lbs. Summary Review of the copies of manifests we have received from the EPA and the Waste Summary Report included in the De Minimus Settlement Offer Package indicate that due to mistaken identities, errors in the amounts attributed, and a duplicate manifest, the waste quantity assigned by the EPA as generated by the City of Palo Alto and detailed on the Waste Summary Report was incorrect. Misidentified Waste Quantity = Errors in Amounts Attributed = Duplicate Manifest = Total Incorrectly Assigned = 10,331 lbs. 58,300 lbs. 44~000 lbs. 112,631 lbs. The total amount of incorrectly assigned hazardous waste due to these errors explained above is 110,937 lbs. The total amount of hazardous waste sent to Casmalia attributable to the City of Palo Alto is 282,423 ibs. Please find enclosed: 1) Consent and Authorization Signature Page 2) Waste Quantity Review Application Forms (for each manifest) 3) copies of the manifests; and 4) Waste Summary Report with mark up of where the errors occurred. Should you have any questions about the enclosed information, do not hesitate to call me (650.496.5937). Sincerely, Sean Kennedy, P.E. Manager, Environmental Control Programs Enclosures - Consent and Authorization Signature Page Waste Quantity Review Application Forms (for each manifest) Manifests Waste Summary Report Glenn Roberts Michael Jackson Project File. File:EPAwastequantityreview.ltr 00000 00000 ~ooo~ooooooooooooooooooooo~ °°° oooooooooooooooooooooo~ ~ ~ o o o o o o o o o’ N N o N N ~ o o o o o o 0 o o o o o o o o oN o 1 2 3 4 5 6 7 8 9 l0 ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 CONSENT AIqD AUTHORIZATION City of Palo Alto City of Palo Alto ("Settling Party"), by the duly authorized representative named below, hereby consents to this Administrative Order On Consent and agrees to be bound by the terms and conditions hereof. AGREED THIS DAY OF , 1999 By: By: (Signature) (Print or Type Name) Please check the appropriate box(es): [] Enclosed is a completed Waste Quantity Review Application.* [] Enclosed is a completed Financial Review Application.* *This enclosure WiI~not ~be incorporated~into the Consent Order. Casmalia Disposal Site -32-EPA Region IX AOC NOo 99-02 WASTE QUANTITY REVIEW APPLICATION CASMALIA DISPOSAL SITE City of Palo Alto To submit your company or organization’s Waste Quantity Review Application, please follow these steps: Complete a separate copy of this form for each waste shipment (manifest) that your company or organization is requesting that the U.S. EPA review. Photocopy this form before filling it out if your company or organization will be submitting more than one application for waste quantity review. 2.Submit the following for each waste shipment: Copy of this completed form; Copy(ies) of the manifest(s) in question (Submit the copy(ies) that your company or organization received from the U.S. EPA. If you wish to submit a copy from your company or organization’s files, submit them as "supporting documentation. ") Your company or organization’s Waste Summary Report (Circle or otherwise mark the information in question.); and Supporting documentation~(e.g.; copies~of original documents includingweigh tickets, bills of lading or more legible waste manifests) subject to the limitations in the Instructions for Applying for Waste Quantity Review. As an authorized representative of the company or organization specified above, I request that the U.S. EPA review the waste quantity assigned to the following waste shipment: Manifest No.: 084343593 Ticket No.:75888 Date:7/10/86 -1-Casmalia Disposal Site Waste Quantity Review REVIEW CATEGORY (CHECK ONE): [] [] [] [] Mistaken Identity (i.e., manifest for unrelated company or organization) Error in Amount Attributed Duplicate Manifest Wrong "Rule" Applied. Indicate Correct Rule Number: (See the enclosed fact sheet entitled "Waste Quantity Records.") REQU£~: Assigned weight of 1.704 lbs. should be changed to 0 lbs. Explanation of request: The EPA ID# CAD981463417 for Manifest # 084343593 was verified by the Department Toxic Substance Control (DTSC) .(Manifest Unit phone # (916) 324-1781) to be re~stered to the Palo Alto High School at 50 Embarcadero Road.This School is part of the Palo Alto Unified School District (PAUSD). The City of Palo Alto is a California Municipal Corporation. The PAUSD is a unified school district of the County of Santa Clara. Additional documentation is available on request. The City of Palo Alto has never arranged for disposal for any PAUSD generated h~ardous waste. Signature@~,i~ /<~/~/~y Title: /’)~/~,. ~!7::Aj, C~9/~. Printed Name ~ FOR REVIEWERS’ USE ONLY: D Approved []Disapproved Explanation: New Weight:lbs. -2-Casmalia Disposal Site Waste Quantity Review nc. S4301 L C01 ~4448 0000000000 ~ ~ ~ ~ o o o o ~ o o o o ~ ~ ~ o o o ~ o o o o ~ o o o o o o o ~ ~ o o o o ~ o ooooooooooo o oooooooooooooo o WASTE QUANTITY REVIEW APPLICATION CASMALIA DISPOSAL SITE City of Palo Alto To submit your company or organization’s Waste Quantity Review Application, please follow these steps: Complete a separate copy of this form for each waste shipment (manifest) that your company or organization is requesting that the U.S. EPA review. Photocopy this form before filling it out if your company or organization will be ,submitting more than one application for waste quantity review. 2.Submit the following for each waste shipment: Copy of this completed form; Copy(ies) of the manifest(s) in question (Submit the copy(ies) that your company or organization received from the U.S. EPA. lf you wish to submit a copy from your company or organization ’stiles, submit them as "supporting documentation. ") Your company or organization’s Waste Summary Report (Circle or otherwise- mark the information in question.); and Supponing.doeumentatiorr (e.g.;" copies oforiginal documents includingweigh tickets, bills of lading or more legible waste manifests) subject to the limitations in the Instructions for Applying for Waste Quantity Review. As an authorized representative of the company or organization specified above, I request that the U.S. EPA review the waste quan!ity assigned to the following waste shipment: Manifest No.: 084786923 Ticket No.:76425 Date:7/24/86 -1-Casmalia Disposal Site Waste Quantity Review ~EVIEW CATEGORY (CHECK ONE): [] [] [] Mistaken Identity (i.e., manifest for unrelated company or organization) Error in Amount Attributed Duplicate Manifest Wrong "Rule" Applied. Indicate Correct Rule Number: (See the enclosed fact sheet entitled "Waste Quantity Records.") REQUEST: Assigned weight of 31 lbs. should be changed to 0 Ibs. Explanation of request: The EPA ID# CAD981463417 for Manifest # 084786923 was verified by the Department Toxic Substance Control (DTSC) (Manifest Unit phone # (916) 324-1781) to be registered to the Palo Alto High School at 50. Embarcadero Road.This School is part of the Palo Alto Unified School District (PAUSD). The City of Palo Alto is a California Municipal Corporation. The PAUSD is a unified school district of the Coun _ty of Santa Clara. Additional documentation is available upon request. The City of Palo Alto,has never arranged for disposal for any PAUSD generated hazardous waste. Si~ature Printed Name FOR REVIEWERS’ USE ONLY: []Approved []Disapproved Explanation: New Weight:lbs. -2-Casmalia Disposal Site Waste Quantity Review 94301 C0130958 o o WASTE QUANTITY REVIEW APPLICATION CASMALIA DISPOSAL SITE City of Palo Alto To submit your company or organization’s Waste Quantity Review Application, please follow these steps: Complete a separate copy of this form for each waste shipment (manifest) that your company or organization is requesting that the U.S. EPA review. Photocopy this form before filling it out if your company or organization will be submitting more than one application for waste quantity review. 2.Submit the following for each waste shipment: Copy of this completed form; Copy(ies) of the manifest(s) in question (Submit the copy(ies) that your company or organization received from the U.S. EPA. lf you wish to submit a copy.from your company or organization ’stiles, submit them as "supporting documentation. ") Your company or organization’s Waste Summary Report (Circle or otherwise mark the information in question.); and Supporting’ documentation~(e:gScopies oforiginal documents including weigh tickets, bills of lading or more legible waste manifests) subject to the limitations in the Instructions for Applying for Waste Quantity Review. As an authorized representative of the company or organization specified above, I request that the U.S. EPA review the waste quantity assigned to the following waste shipment: Manifest No.: 084787140 Ticket No.:79774 Date:10/02/86 -1-Casmalia Disposal Site Waste Quantity Review REVII~W CATEGORY (CHECK ONE): [] [] D Mistaken Identity (i.e., manifest for unrelated company or organization) Error in Amount Attributed Duplicate Manifest Wrong "Rule" Applied. Indicate Correct Rule Number: (See the enclosed fact sheet entitled "Waste Quantity Records.") REQUEST: Assigned weight of 976 lbs. should be changed to 0 lbs. Explanation of request: The EPA ID# CAD981463417 for Manifest # 084787140 was verified by the Department Toxic Substance Control (DTSC) (Manifest Unit phone # (916) 324-1781) to be re~stered to the Palo Alto High School at 50 Embarcadero Road.This School is part of the Palo Alto Unified School District (PAUSD). The City of Palo Alto is a California Municipal Corporation. The PAUSD is a unified school district of the Coun _ty of Santa Clara. Additional documentation is available upon request. The City of Palo Alto h’as never arranged for disposal for any PAUSD generated hazardous waste. Printed Name Dated: Title: FOR REVIEWERS’ USE ONLY: []Approved New Weight:lbs. [] Disapproved Explanation: -2-Casmalia Disposal Site Waste Quantity Review 6 WASTE QUANTITY REVIEW APPLICATION CASMAL DISPOSAL SITE City of Palo Alto To submit your company or organization’s Waste Quantity Review Application, please follow these steps: Complete a separate copy of this form for each waste shipment (manifest) that your company or organization is requesting that the U.S. EPA review. Photocopy this form before filling it out if your company or organization will be submitting more than one application for waste quantity review. 2.Submit the following for each waste shipment: ®Copy of this completed form; Copy(ies) of the manifest(s) in question (Submit the copy(ies) thatyour company or organization received from the U.S. EPA. lf you wish to submit a copy from your company or organization ’stiles, submit them as "’supporting documentation. ") Your company or organization’s Waste Summary Report (Circle or otherwise mark the information in question.); and Supporting documentation. (e:g:; copies ’of"o6ginat documents including weigh tickets, bills of lading or more legible waste manifests) subject to the limitations in the Instructions for Applying for Waste Quantity Review. As an authorized representative of the company or organization specified above, I request that the U.S. EPA review the waste quantity assigned to the following waste shipment: Manifest No.: 087066278 Ticket No.:95174 Date:8/21/87 -1-Casmalia Disposal Site Waste Quantity Review REVIEW CATEGORY (CHECK ONE): [] Mistaken Identity (i.e., manifest for unrelated company or organization) Error in Amount Attributed Duplicate Manifest Wrong "Rule" Applied. Indicate Correct Rule Number: (See the enclosed fact sheet entitled "Waste Quantity Records.") REQUEST: Assigned weight of 1,026 lbs. should be changed to 0 lbs. Explanation of request: The EPA ID# CAD981463417 for Manifest # 087066278 was verified by the Department Toxic Substance Control 0)TSC) (Manifest Unit phone # (916) 324-1781) to be registered to the Palo Alto High School at 50 Embarcadero Road, This School is part of the Palo Alto Unified School District ~AUSD). The City of Palo Alto is a California Municipal Corporation. The PAUSD is a unified school district of the Coun _t3, of Santa Clara. Additional documentation is available upon request. The City of Palo Alto has never arranged for disposal for any PAUSD generated hazardous waste. Printed Name FOR REVIEWERS’ USE ONLY: []Approved ’New Weight:lbs. [] Disapproved Explanation: -2-Casmalia Disposal Site Waste Quantity Review -Corolla Resources " ’ ’ ,~ ’ ~:,~.~L~,’~ ,t." ~ r .’: , ,, ,,.:,= ...... ~. o ’waste laboratory ch~icals, Call,ornia ~ :regulated ,aste only ,OlOli(O m(O 0@1515 ’.0 m .......~ .....~’~.,~’:. ,.was~ oxidizer, NOS, OXIDIZING ~TERI~, m -.’"’.. ’~N:~9931"""..., ’ ....OIOI~IO~NIO~O~O~3!O :" " ..............’-’~.. . ~, ~ ,.,... , ,~.~-~ ~ ~~.~...,~: . ,~. . . ., ~,.~,~ , .. ,- ,,.,, ~,~_" ~ ~:-- ~,~ -,’. ~~~~~ . , . ,,..;...,’.~:. ; "...." ~:~tOr ~arrant~ that this ~’~(~ con)a’Ins no poiY~hlorlnated.blph~n)Is, " . " . :.. , "...:..," ,~,.~,. o ~ ~z~~ ~n~~.- w.~~~.:.~..:,.’ ~¯~ ~ ..’....... ~..." . ¯ I ,’- .".’.~’.~,~ ~y’~y,..¯ . "..." .~, . ". * .... . . ~ ~ : .~ :.-.".~ ..,~ ~ ~ . C0173866 000000000000000000000000000000000 ~0 0 oooooooooooooooooooo oooooooooooo o o o o o o o o ~ ~ ~ o o o o ~ o o o o o o£ ~ o o o o~ ~ ~~~~ o o o o o o o o o o o o o o o o o o o o o o o o o o o~ o o~ o~~~~ WASTE QUANTITY REVIEW APPLICATION CASMALIA DISPOSAL SITE City of Palo Alto To submit your company or organization’s Waste Quantity Review Application, please follow these steps: Complete a separate copy of this form for each waste shipment (manifest) that your company or organization is requesting that the U.S. EPA review. Photocopy this form before filling it out if your company or organization will be submitting more than one application for waste quantity review. 2.Submit the following for each waste shipment: Copy of this completed form; Copy(ies) of the manifest(s) in question (Submit the copy(ies) that your company or organization received from the U.S. EPA. lf you wish to submit a copy from your company or organization ’stiles, submit them as "supporting documentation. ") Your company or organization’s Waste Summary Report (Circle or otherwise mark the information in question.); and Supportingdoeumentation (e.g..,~copies of’original documents including weigh tickets, bills of lading or more legible waste manifests) subject to the limitations in the Instructions for Applying for Waste Quantity Review. As an authorized representative of the company or organization specified above, I request that the U.S. EPA review the waste quantity assigned to the following waste shipment: Manifest No.: 088304099 Ticket No.:118060 Date:5/12/89 -1-Casmalia Disposal Site Waste Quantity Review REVIEW CATEGORY (CHECK ONE): r~ [] [] D Mistaken Identity (i.e., manifest for unrelated company or organization) Error in Amount Attributed Duplicate Manifest Wrong "Rule" Applied. Indicate Correct ~Rule Number: (See the enclosed fact sheet entitled "Waste Quantity Records.") REQUEST: Assigned weight of 701 lbs. should be changed to 0 lbs. Explanation of request: The EPA ID# CAD982361859 for Manifest # 088304099 was verified by the Department Toxic Substance Control (DTSC) (Manifest Unit phone # (916) 324-1781) to be registered to the Palo Alto Sanitation Company (PASCO) at 2000 Geng Road in Palo Alto. PASCO is a private industry California Corporation. The City of Palo Alto is a California Municipal Corporation. Additional documentation is available upon request. The City of Palo Alto has never arranged for disposal for any PASCO generated hazardous waste. ,/~-~ b ~’~,’L Dated:/_.!r Signature ."~ ~-r~/L/Title: /~, Printed Name FOR REVIEWERS’ USE ONLY: []Approved New Weight:lbs. [] Disapproved Explanation: -2-Casmalia Disposal Site Waste Quantity Review PA$CO 2000 GENG ROAD, PALO ALTO, CA 94303 o .... "~’" ( 419 493-4894 ~;AF~TY SI~ECIALISTS, INC,IC ~ ~0 19 IP~ ;1:9 ,61717 ,0 :6 SAFETY SPECIALISTS. INC,(: ~ ,,0 ,9 ~811 9t6:1,1 0:6 CASMALIA RESOURCES NTU ROAD and Front of Page C0388808 000000 000000 ~<<<<<< ~0o0000 WASTE QUANTITY REVIEW APPLICATION CASMALIA DISPOSAL SITE City of Palo Alto To submit your company or organization’s Waste Quantity Review Application, please follow these steps: Complete a separate copy of this form for each waste shipment (manifest) that your company or organization is requesting that the U.S. EPA review. Photocopy this form before filling it out if your company or organization will be submitting more than one application for waste quantity review. 2.Submit the following for each waste shipment: ® Copy of this completed form; Copy(ies) of the manifest(s) in question (Submit the copy(ies) that your company or organization received from the U.S. EPA. lf you wish to submit a copy from your company or organization ’stiles, submit them as "supporting documentation. ") Your company or organization’s Waste Summary Report (Circle or otherwise mark the information in question.); and Supporting dooumentation-(e:g~.;- copies, of’original documents including weigh tickets, bills of lading or more legible waste manifests) subject to the limitations in the Instructions for Applying for Waste Quantity Review. As an authorized representative of the company or organization specified above, I request that the U.S. EPA review the waste quantity assigned to the following waste shipment: Manifest No.: 088305593 Ticket No.:121462 Date:9/08/89 -1-Casmalia Disposal Site Waste Quantity Review REVIEW CATEGORY (CHECK ONE): [] [] [] Mistaken Identity (i.e., manifest for unrelated company or organization) Error in Amount Attributed Duplicate Manifest Wrong "Rule" Applied. Indicate Correct Rule Number: (See the enclosed fact sheet entitled "Waste Quantity Records.") REQUEST: Assigned weight of 647 lbs. should be changed to 0 Ibs. Explanation of request: The EPA ID# CAD982361859 for Manifest # 088305593 was verified by the Department Toxic Substance Control (DTSC) (Manifest Unit phone # (916) 324-1781) to be re~stered to the Palo Alto Sanitation Company (PASCO) at 2000 Geng Road in Palo Alto. PASCO is a private industry California Corporation. The City of Palo Alto is a California Municipal Corporation. Additional documentation is available upon request. The City of Palo Alto has never arranged for disposal for any PASCO generated hazardous waste. Dated: Signature ~ , Printed Name FOR REVIEWERS’ USE ONLY: []Approved []Disapproved Explanation: New Weight:lbs. -2-Casmalia Disposal Site Waste Quantity Review Insttuct~)ns on n~:k of P~ge 6 T~ ~ ~ ~and Front of Page 7 ~~ ~ ~~’~’~’1~"’" " -" -~. T~~).’~111I ’ CALIFO~IA I~GULA’rE~"WA~ ~LY I,I II II PROFILE# C00105 APPROVAL# 22713811-S$ / ~ ~ Year D~ No~ W~ ~eh~w I~ I~V~. T~/~J~ TH~ 03eY TO IX~ WITHG~ ~ DAYS" C0391055 WASTE QUANTITY REVIEW APPLICATION CASMALIA DISPOSAL SITE City of Palo Alto To submit your company or organization’s Waste Quantity Review Application, please follow these steps: Complete a separate copy of this form for each waste shipment (manifest) that your company or organization is requesting that the U.S. EPA review. Photocopy this form before filling it out if your company or organization will be submitting more than one application for waste quantity review. 2.Submit the following for each waste shipment: Copy of this completed form; Copy(ies) of the manifest(s) in question (Submit the copy(ies) that your company or organization received from the U.S. EPA. lf you wish to submit a copy from your company or organization ’stiles, submit them as "supporting documentation. ") Your company or organization’s Waste Summary Report (Circle or otherwise mark the information in question.); and Supporting documentation.(e:g:; eopies~of original-documents including weigh tickets, bills of lading or more legible waste manifests) subject to the limitations in the Instructions for Applying for Waste Quantity Review. As an authorized representative of the company or organization specified above, I request that the U.S. EPA review the waste quantity assigned to the following waste shipment: Manifest No.: 084748188 Ticket No.:78836 Date:9/15/86 -1-Casmalia Disposal Site Waste Quantity Review REVIEW CATEGORY (CHECK ONE): [] [] [] D Mistaken Identity (i.e., manifest for unrelated company or organization) Error in Amount Attributed Duplicate Manifest Wrong "Rule" Applied. Indicate Correct Rule Number: (See the enclosed fact sheet entitled "Waste Quantity Records.") REQUEST: Assigned weight of 1,144 lbs. should be changed to 0 lbs. Explanation of request: The EPA ID# CAD981458060 for Manifest # 084748188 was verified by the Department Toxic Substance Control (DTSC) (Manifest Unit phone # (916) 324-1781) to be registered the Palo Alto Unified School District (PAUSD). The City o£Palo Alto is a California Municipal Corporation. The PAUSD is a unified school district of the County of Santa Clara. Additional documentation is available upon request. , The City of Palo Alto has never arranged for disposal for any PAUSD generated hazardous waste. Printed Name FOR REVIEWERS’ USE ONLY: []Approved New Weight:lbs. [] Disapproved Explanation: -2-Casmalia Disposal Site Waste Quantity Review o o o o o ~o o ~o ~ oooooo WASTE QUANTITY REVIEW APPLICATION CASMALIA DISPOSAL SITE City of Palo Alto To submit your company or organization’s Waste Quantity Review Application, please follow these steps: Complete a separate copy of this form for e~ich waste shipment (manifest) that your company or organization is requesting that the U.S. EPA review. Photocopy this form before filling it out if your company or organization will be submitting more than one application for waste quantity review. 2.Submit the following for each waste shipment: Copy of this completed form; Copy(ies) of the manifest(s) in question (Submit the copy(ies) thatyour company or organization received from the U.S. EPA. If you wish to submit a copy.from your company or organization ’stiles, submit them as "’supporting documentation. ") Your company or organization’s Waste Summary Report (Circle or otherwise mark the information in question.); and Supporting,documentation. (e.g.-,"copies °of original’ documents including weigh tickets, bills of lading or more legible waste manifests) subject to the limitations in the Instructions for Applying for Waste Quantity Review. As an authorized representative of the company or organization specified above, I request that the U.S. EPA review the waste quantity assigned to the following waste shipment: Manifest No.: 084748210 Ticket No.:79429 Date:9/25/86 -1-Casmalia Disposal Site Waste Quantity Review REVIEW CATEGORY (CHECK ONE): [] [] [] [] Mistaken Identity (i.e., manifest for unrelated company or organization) Error in Amount Attributed Duplicate Manifest Wrong "Rule" Applied. Indicate Correct Rule Number: (See the enclosed fact sheet entitled "Waste Quantity Records.") REQUEST: Assigned weight of 1,414 lbs. should be changed to 0 lbs. Explanation of request: The EPA ID# CAD981458060 for Manifest # 084748210 was verified by the Department Toxic Substance Control (DTSC) 0Vlanifest Unit phone # (916) 324-1781) to be registered the Palo Alto Unified School District {’PAUSD) The City of Palo Alto is a California Municipal Corporation. The PAUSD is a unified school district of the County of Santa Clara. Additional documentation is available upon request. The City of Palo Alto has never arranged for disposal for any PAUSD generated hazardous waste. FOR REVIEWERS’ USE ONLY: D Approved ....New Weight:lbs. [] Disapproved Explanation: -2-Casmalia Disposal Site Waste Quantity Review ~owt~ ~y WASTE QUANTITY REVIEW APPLICATION CASMALIA DISPOSAL SITE City of Palo Alto To submit your company or organization’s Waste Quantity Review Application, please follow these steps: Complete a separate copy of this form for each waste shipment (manifest) that your company or organization is requesting that the U.S. EPA review. Photocopy this form before filling it out if your company or organization will be submitting more than one application for waste quantity review. 2.Submit the following for each waste shipment: Copy of this completed form; Copy(ies) of the manifest(s) in question (Submit the copy(ies) thatyour company or organization received from the U.S. EPA. lf you wish to submit.a copy from your company or organization ’stiles, submit them as "supporting documentation. ") Your company or organization’s Waste Summary Report (Circle or otherwise mark the information in question.); and Supporting documentation.(e.g.; copies of originat documents-including weigh tickets, bills of lading or more legible waste manifests) subject to the limitations in the Instructions for Applying for Waste Quantity Review. As an authorized representative of the company or organization specified above, I request that the U.S. EPA review the waste quantity assigned to the following waste shipment: Manifest No.: 087066945 Ticket No.:105227 Date:5/27/88 -1-Casmalia Disposal Site Waste Quantity Review REVIEW CATEGORY (CHECK ONE): [] D [] D Mistaken Identity (i.e., manifest for unrelated company or organization) Error in Amount Attributed Duplicate Manifest Wrong "Rule" Applied. Indicate Correct Rule Number: (See the enclosed fact sheet entitled "Waste Quantity Records.") REQUEST: A~. signed weight of 800 lbs. should be changed to . 0 lbs. Explanation of request: The EPA ID# CAC000054285 for Manifest # 087066945 was verified by the Department Toxic Substance Control (DTSC) (Manifest Unit phone # (916) 324-1781) to be registered to the Stanford Middle School at 480 East Meadow Drive in Palo Alto which is part of the Palo Alto Unified School District (PAUSD). The City of,Palo Alto is a California Municipal Corporation. The PAUSD is a unified school district of the County of Santa Clara. Additional documentation is available upon request. The Ci_ty of Palo Alto has never arranged for disposal for any PAUSD generated hazardous waste. Signature~Title: ~, ~ ~)/~/~. Printed N~e ~ FOR REVIEWERS’ USE ONLY: []Approved New Weight:lbs. [] Disapproved Explanation: -2-Casmalia Disposal Site Waste Quantity Review UNIFORM HAZARDOUS (Site: J~--dan M!ddle SchoolAlto ~ified Schcol District 7~,g N. CaLifornia) 551 C0220647 000000 00000~ 000000 WASTE QUANTITY REVIEW APPLICATION CASMALIA DISPOSAL SITE City of Palo Alto To submit your company or organization’s Waste Quantity Review Application, ~please follow these, steps: Complete a separate copy of this form for each waste shipment (manifest) that your company or organization is requesting that the U.S. EPA review. Photocopy this form before filling it out if your company or organization will be submitting more than one application for waste quantity review. 2.Submit the following for each waste shipment: Copy of this completed form; Copy(ies) of the manifest(s) in question (Submit the copy(ies) thatyour company or organization received from the U.S. EPA~ If you wish to submit a copy from your company or organization ’stiles, submit them as "’supporting documentation. ") Your company or organization’s Waste Summary Report (Circle or otherwise mark the information in question.); and Supporting documentatiow(e.g:; copies’of original ’documents includingweigh tickets, bills of lading or more legible waste manifests) subject to the limitations in the Instructions for Applying for Waste Quantity Review. As an authorized representative of the company or organization specified above, I request that the U.S. EPA review the waste quantity assigned to the following waste shipment: Manifest No.: 087066952 Ticket No.:105227 Date:5/27/88 -1-Casmalia Disposal Site Waste Quantity R.eview REVIEW CATEGORY (CHECK ONE):,,~. [] D [] [] Mistaken Identity (i.e., manifest for unrelated company or organization) Error in Amount Attributed Duplicate Manifest Wrong "Rule" Applied. ~indicate Correct Rule Number: (See the enclos_ed fact sheet entitled "Waste Quantity Records.") REQUEST: Assigned weight of 720 lbs. should be changed to 0 lbs. Explanation of request: The EPA ID# CAC983299636 for Manifest # 087066952 was verified by the Department Toxic Substance Control (DTSC) (Manifest Unit phone # (916) 324-1781) to be registered to the Palo Alto Unified School District ~AUSD). The City of Palo Alto is a California Municipal Corporation. The PAUSD is a unified school district of the County of Santa Clara. Additional documentation is available upon request. The City of Palo Alto has never arranged for disposal for any PAUSD generated hazardous waste. -°" Printed Name ~ ’ FOR REVIEWERS’ USE ONLY: []Approved New Weight:lbs. [] Disapproved Explanation: -2-Casmalia Disposal Site Waste Quantity Review NIgEST (mailLng addr~s: P~!o Alto rJSD Sl:a~ord Middle School 25 Churchill Ave) 480 East Meaz~ow.E~ive, Palo Alto, CA 943064. 0~-,,~a~’{415) 329-3730 I EPA 8100--22 ~ "" #’* C022066~ "E WASTE QUANTITY REVIEW APPLICATION CASMALIA DISPOSAL SITE City of Palo Alto To submit your company or organization’s Waste Quantity Review Application, please follow these steps: Complete a separate copy of this form for each waste shipment (manifest) that your company or organization is requesting that the U.S. EPA review. Photocopy this form before filling it out if your company or organization will be submitting more than one application for waste quantity review. 2.Submit the following for each waste shipment: Copy of this completed form; Copy(ies) of the manifest(s) in question (Submit the copy(ies) thatyour company or organization received from the U.S. EPA. lf you wish to submit a copy from your company or organization ’stiles, submit them as "supporting documentation. ") Your company or organization’s Waste Summary Report (Circle or otherwise mark the information in question.); and Supporting documentation (e..g:,, copies of original do’cument~ including weigh tickets, bills, of lading or more legible waste manifests) subject to the limitations in the Instructions for Applying for Waste Quantity Review. As an authorized representative of the company or organization specified above, I request that the U.S. EPA review the waste quantity assigned to the. following waste shipment: Manifest No.: 087789071 Ticket No.:106172 Date:6/24/88 -1-Casmalia Disposal Site Waste Quantity Review REVIEW CATEGORY (CHECK ONE): [] [] D D Mistaken Identity (i.e., manifest for unrelated company or organization) Error in Amount Attributed Duplicate Manifest Wrong "Rule" Applied. Indicate Correct Rule Number: (See the enclosed fact sheet entitled "Waste Quantity Records.") REQUEST: Assigned weight of 171 Ibs. should be changed to 0 lbs. Explanation of request: The EPA ID# CAC000054285 for Manifest # 087789071 was verified by the Department Toxic Substance Control (DTSC) 0Vlanifest Unit phone # (916) 324-1781) to be registered to the Stanford Middle School at 480 East Meadow Drive in Palo Alto which is part of the Palo Alto Unified School District (PAUSD). The City of Palo Alto is a California Municipal Corporation. The PAUSD is a unified school district of the County of Santa Clara. Additional documentation is available upon request. The City of Palo Alto has never arranged for disposal for any PAUSD generated hazardous waste. Simaature Printed Name Dated: Title: FOR REVIEWERS’ USE ONLY: []Approved []Disapproved Explanation: New Weight:lbs. -2-Casmalia Disposal Site Waste Quantity Review C0303416 WASTE QUANTITY REVIEW APPLICATION CASMALIA DISPOSAL SITE City of Palo Alto To submit your company or organization’s Waste Quantity Review Application, please follow these steps: Complete a separate copy ofthis form for each waste shipment (manifest) that your company or organization is requesting that the U.S. EPA review. Photocopy this form before filling it out if your company or organization will be submitting more than one application for waste quantity review, 2.Submit the following for each waste shipment: Copy of this completed form; Copy(ies) of the manifest(s) in question (Submit the copy(ies) that your company or organization received from the U.S. EPA. lf you wish to submit a copy from your company or organization ’stiles, submit them as "supporting documentation. ",) Your company or organization’s Waste Summary Report (Circle or otherwise mark the information in question.); and supporting documentation-(e.g:; copies of original documents including weigh tickets, bills of lading or more legible waste manifests) subject to the limitations in the Instructions for Applying for Waste Quantity Review. As an authorized representative of the company or organization specified above, I request that the U.S. EPA review the waste quantity assigned to the following waste shipment: Manifest No.: 088623566 Ticket No.:122282 Date:10/06/89 -1-Casmalia Disposal Site Waste Quantity Review REVIEW CATE~IORY (CHECK ONE): r~ D [] D Mistaken Identity (i.e., manifest for unrelated company or organization) Error in Amount Attributed Duplicate Manifest Wrong "Rule" Applied. Indicate Correct Rule Number: (See the enclosed fact sheet entitled "Waste Quantity Records.") REQUEST: Assigned weight of 429 lbs. should be changed to 0 lbs. Explanation of request: The EPA ID# CAD000169213 for’Manifest # 088623566 was verified by the Department Toxic Substance Control (DTSC) (Manifest Unit phone # (916) 324-1781) to be registered to the Jordon Middle School which is pan ofthe Palo Alto Unified School District (PAUSD). The Ci_ty of Palo Alto is a California Municipal Corporation. The PAUSD is a unified school district of the County of Santa Clara. Additional documentation is available upon request. The City of Palo Alto has never arranged for disposal fo~" any PAUSD generated hazardous waste. Sign~Dated: ~Title: Printed Name FOR REVIEWERS’ USE ONLY: []Approved New Weight:lbs. [] Disapproved Explanation: -2-Casmalia Disposal Site Waste Quantity Review C0414505 ~o o o o o o o o 0 000000 000000 WASTE QUANTITY REVIEW APPLICATION CASMALIA DISPOSAL SITE City of Palo Alto To submit your company or organization’s Waste Quantity Review Application, please follow these steps: Complete a separate copy of this form for each waste shipment (manifest) that your company or organization is requesting that the U.S. EPA review. Photocopy this form before filling it out if your company or organization will be submitting more than one application for waste quantity review. 2.Submit the following for each waste shipment: ® Copy of this completed form; Copy(ies) of the manifest(s) in question (Submit the copy(ies) that your company or organization received from the U.S. EPA. lf you wish to submit a copy from your company or organization ’stiles, submit them as "supporting documentation. ") Your company or organization’s Waste Summary Report (Circle or otherwise mark the information in question.); and Supporting documentation (e.g., copiesof original documents including weigh tickets, bills of lading or more legible waste manifests) subject to the limitations in the Instructions for Applying for Waste Quantity Review. As an authorized representative of the company or organization specified above, I request that the U.S. EPA review the waste quantity assigned to the following waste shipment: Manifest No.: 087066766 Ticket No.:102711 Date:3/18/88 Casmalia Disposal Site -1-Waste Quantity Review REVIEW CATEGORY (CHECK ONE): [] [] [] D Mistaken Identity (i.e., manifest for unrelated company or organization) Error in Amount Attributed Duplicate Manifest Wrong "Rule" Applied. Indicate Correct Rule Number: (See the enclosed fact sheet entitled "Waste Quantity Records.") REQUEST: Assigned weight of 568 lbs. should be changed to 0 lbs. Explanation of request: The EPA ID# CAD981458060 for Manifest # 087066766 was verified by the Department Toxic Substance Control .(DTSC) (Manifest Unit phone # (916) 324-1781) to be registered the Palo Alto Unified School District ~AUSD). The City of Palo Alto is a California Municipal Corporation. The PAUSD is a unified school district of the County of Santa Clara. Additional documentation is available upon request. The City of Palo Alto has never arranged for disposal for any PAUSD generated hazardous waste. ~’~ b ~’/~--Dated; Printed Name FOR REVIEWERS’ USE ONLY: []Approved New Weight:’lbs. [] Disapproved Explanation: -2- Casmalia Disposal Site Waste Quantity Review To= P.O, ~ 3000. ,~mm~=, 4 ~0 DAY~ C0220339 "E WASTE QUANTITY REVIEW APPLICATION CASMALIA DISPOSAL SITE City of Palo Alto To submit your company or organization’s Waste Quantity Review Application, please follow these steps: Complete a separate copy of this form for each waste shipment (manifest) that your company or organization is requesting that the U.S. EPA review. Photocopy this form before filling it out if your company or organization will be submitting more than one application for waste quantity review. 2.Submit the following for each waste shipment: Copy of this completed form; Copy(ies) of the manifest(s) in question (Submit the copy(ies,) that your company or organization received from the U.S. EPA. If you wish to submit a copy from your company or organization ’stiles, submit them as "supporting documentation. ",) Your company or organization’s Waste Summary Report (Circle or otherwise mark the information in question.); and Supporting documentation (e.g., copies oforiginal documents including weigh tickets, bills of lading or more legible waste manifests) subject to the limitations in the Instructions for Applying for Waste Quantity Review. As an authorized representative of the company or organization specified above, I request that the U.S. EPA review the waste quantity assigned to ,the following waste shipment: Manifest No.: 088002807 Ticket No.:45984 Date:11/22/80 Casmalia Disposal Site -1-Waste Quantity Review [] [] [] [] Mistaken Identity (i.e., manifest for unrelated company or organization) Error in Amount Attributed Duplicate Manifest Wrong "Rule" Applied. Indicate Correct Rule Number: (See the enclosed fact sheet entitled "Waste Quantity Records.") REQUESt: Assigned weight of 33,480 Explanation of request: lbs. should be changed to 4529 lbs. The waste quantity on Manifest # 088002807 was incorrectly converted from kilograms to lbs. Tba quanti .ty on the manifest was 2,054.7 kilograms (kg). The conversion of kilograms to lbs. is 2.204 lbs. per kilogram. Therefore, the correct quantity should be 4,529 lbs. and not 33,480 Ibs. The amount of incorrectly assigned hazardous waste is 28,951 Ibs. (33,480-4,529=28,951). FOR REVIEWERS’ USE ONLY: []Approved " "NeW Weight:" "lbs. D Disapproved Explanation: -2-Casmalia Disposal Site Waste Quantity Review 000000 000000 WASTE QUANTITY REVIEW APPLICATION CASMAL DISPOSAL SITE City of Palo Alto To submit your company or organization’s Waste Quantity Review Application, please follow these steps: Complete a separate copy of this form for each waste shipment (manifest) that your company or organization is requesting that the U.S. EPA review. Photocopy this form before filling it out if your company or organization will be submitting more than one application for waste quantity review. 2.Submit the following for each waste shipment: ® Copy of this completed form; Copy(ies) of the manifest(s) in question (Submit the copy(ies) thatyour company or organization received from the U.S. EPA. lf you wish to submit a copy from your company or organization ’stiles, submit them as "supporting documentation. ") Your company or organization’s Waste Summary Report (Circle or otherwise mark the information in question.); and ¯ Supporting documentation-(e.g., copies of original documents including weigh tickets, bills of lading or more legible waste manifests) subject to the limitations in the Instructions for Applying for Waste Quantity Review. As an authorized representative of the company or organization specified above, I request that the U.S. EPA review the waste quantity assigned to the following waste shipment: Manifest No.: 3365 Ticket No.:31482 Date:7/03/79 Casmalia Disposal Site Waste Quantity Review REVIEW CATRGOR~’ (CHECK ONE): [] [] D [] Mistaken Identity (i.e., manifest for unrelated company or organization) Error in Amount Attributed Duplicate Manifest Wrong "Rule" Applied. Indicate Correct Rule Number: (See the enclosed fact sheet entitled "Waste Quantity Records.") REQUEST: Assigned weight of 33,480 lbs. should be changed to 4131 lbs. Explanation of request: The waste quantit3~ on Manifest # 3365 was incorrectly converted from gallons to lbs. The quantity on the manifest was 495 gallons (gal). The waste was an acid solution with 6000 parts per million cyanide salts. This indicates that the solution was mostly water. The conversion of gallons of water to lbs. water is 8.345 lbs. per gallon. Therefore, the correct quantity should be 4,131 Ibs. and not 33,480 lbs. The amount of incorrectly assigned hazardous waste is 29,349 Ibs. (33,480- 4131 =29,349). Printed Name FOR REVIEWERS’ USE ONLY: []Approved New Weight:lbs. [] Disapproved Explanation: -2-Casmalia Disposal Site Waste Quantity Review P0007459 0 0 0 0 0 0 0 0 0 0 0 0000~0 ~ ooooo0 ~ oooooo WASTE QUANTITY REVIEW APPLICATION CASMALIA DISPOSAL SITE City of Palo Alto To submit your company or organization’s Waste Quantity Review Application, please follow these steps: Complete a separate copy of this form fo~ each waste shipment (manifest) that your ~ company or organization is requesting that the U.S. EPA review. Photocopy this form before filling it out if your company or organization will be submitting more than one application for waste quantity review. 2.Submit the following for each waste shipment: Copy of this completed form; Copy(ies) of the manifest(s) in question (Submit the copy(ies) thatyour company or organization received from the U.S. EPA. lf you wish to submit a copy from your company or organization ’stiles, submit them as "supporting documentation. ".) Your company or organization’s Waste Summary Report (Circle or otherwise mark the information in question.); and Supporting documentation (e.g., copii~s of original documents including weigh tickets, bills of lading or more legible waste manifests) subject to the limitations in the Instructions for Applying for Waste Quantity Review. As an authorized representative of the company or organization specified above, I request that the U.S. EPA review the waste quantity assigned to the following waste shipment: Manifest No," 088002807 Ticket No.:45984 Date:11/22/80 Casmalia Disposal Site .Waste Quantity Review REVIEW CATEGORY (CHECK ONE): [] [] [] [] Mistaken Identity (i.e., manifest for unrelated company or organization) Error in Amount Attributed Duplicate Manifest Wrong "Rule" Applied. Indicate Correct Rule Number: (See the enclosed fact sheet entitled "Waste Quantity Records.") REQUEST: Assigned weight of 44,000 Ibs. should be changed to 0 lbs. Explanation of request: Manifest # 088002807 is listed twice on the Waste Summary. Report of the De Minimus Settlement Offer Package. These manifests were incorrectly identified as two distinct manifests when actually it is quite clear after inspection that they are the same All the information on each manifest is identical. Therefore, 44,000 lbs. of waste wa~ incorre.ctly assigned as a result of the duplicate manifest. The amount of incorrectly assigned waste is 44,000 lbs. FOR REVIEWERS’ USE ONLY: []Approved ,New Weight: ’lbs. [] Disapproved Explanation: -2-Casmalia Disposal Site Waste Quantity Review 0 U L’) O U c) o o o o o o o o o o .£ 00000 00000 00000