J

COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL RESOURCES

PENNSYLVANIA

~ 1303 Highlani Building 121 s. Highlani Avenue Pittsburgh, PA 15206

(412) 665-4940

February 6, 1987

Tanpleton Snith, Esquire Keystone Enviromental Resources, Inc. 436 Seventh Avenue Suite 1940 Pittsburgh, PA 15219

Re: Consent Order - Craig Farm Site

Dear Tanp:

I am happy to report that after our recent conversation the "missingq copies of this Consent Order which you sent me en December 4, 1986 were located in our Harrisburg offices. consequentlr, I enclose herewith one fully executed original of the consent Order and J!J3'reenent. I assune you will distribute copies of this docunent to the appropriate Kq:pers personnel, but if you wish me to send copies directly to any of these people, please supply me with their names and addresses ani I will be glad to do so.

Thanks for your help in getting this matter resolved.

wn

•

cnM:NWEALTFI OF PENNSYLW\NII\ DEPAR'IMENT OF ENVIRCN-1ENI'AL ~URCES

In the matter of:

Koppers Company, Inc. craig Fann Drum Site Perry Township, l\nnstrong County

: SOlid waste Disposal : :

The Cl:::mnonwealth of Pennsylvania, Department of Ehvirorurental Resources

( "Departrnent") has determined the following facts, which Koppers Canpany, Inc.

("Koppers") agrees are true and correct:

11. Koppers is a Delaware corporation with its corporate headquarters at

Koppers Building, Seventh and Grant Street, Pittsburgh, Pennsylvania 15219.

B. Koppers owns and operates a facility at Main Street, Petrolia,

Pennsylvania 16050 ("Koppers-Petrolia">. Fran 1947 to the present,

Koppers-Petrolia has been engaged in the production of resorcinol, also known as

1, 3 - dihydroxybenzene.

C. Between approximately 1958 and 1963, at least 2,500 tons of drummed

distillation residue generated at Koppers-Petrolia during the production of

resorcino1~o~ere disposed of into tv.u abandoned strip mine pits ("disposal pits")

at the craig Farm Drum Site ("Site">.

D. 'l11e Site is located "West of and adjacent to Legislative Route 03030 in

Perry Township, Armstrong County, Pennsylvania. The Site is located approxima-

tely 1. 7 miles east-northeast of Petrolia, 2.6 miles southeast of the village of

A."R 200002

•

Bruin, and 1.3 miles southwest of the I>J.legheny qiver at approximately 41 °02'02"

North latitude and 79°40'45" West longitude.

(.

J. An unnamed triootary to Valley Run < "unnamed creek" l , located west of

the disposal pits, collects surface water runoff fran the Site and intercepts at

least sane of the shallow groundwater flowing fran the Site. Valley 'Run is a

tributary to the Allegheny River, which lies approximately 2.6 stream miles fran

the Site.

K. on October 31, 1983, Koppers subnitted an Fnvironnental Assessment

~eport of the craig Fram Site to the Departxrent. 'Ibis assessment included a

hydrogeologic investigation, a surface water sampling study, a stream biological

survey, and an air quality survey.

L. There are three known water-bearing zones beneath the Site, occurring

\

. , ..

Q. A!;:proximately 1,675 persons reside within a three mile radius of the

Site, SCll'e of whan rely upon groundwater as a primary darestic water supply.

ll. The Allegheny lli ver and Valley llun are used for recreational p.1rposes,

including swi.mning, boating and fishing.

S. 1\ccess to the Site is unrestricted, so that people and animals entering

the Site could cx::me in direct contact with contaminated leachate and surface

water.

T. l'quatic fauna and flora in surface water downstream of the Site may be

affected by pollutants entering the unnamed creek.

u. Following Koppers' acquisition of the Site in 1971, Koppers covered the

exposed drums in the disposal pits with soil. Koppers has regraded and revege-

tated the Site on various occasions in an attempt to reduce soil erosion and

facilitate surface water runoff.

V. Neither Koppers, Craig, Paul Craig nor any other person has canpleted

closure of the site.

W. Neither Koppers, Craig, Paul Craig nor any other person has applied for

or received a permit authorizing the discharge of industrial waste to waters of

the Cannon~~~ealth p.1rsuant to sections 301 and 307 of the Clean Streams Law,

the Act of June 22, 1937, P.L. 1987, as amended, ("Clean Streams Law"l, 35 P.S.

§§691.301 and 691.307.

X. The disposal of solid waste without authorization by permit constitutes

a violation of Sections 501 and 610 of the SOlid waste Management Act, 35 P.S.

§§6018.501 and 6018.610, unlawful conduct and a statutory p.lblic nuisance.

Y. The discharge of leachate to surface water and groundwater without

authorization by permit constitutes a violation of sections 501 and 610 of the

ARZ00005 -4-

Solid Waste Management ~ct, 35 P.S. §§6018.501 and 6018.610, and of Sections

301, 307, 401, 402, and 611 of the Clean Streams Law, 35 P.S. §§691.301,

691.307, 691.401, 691.402, and 691.611, unlawful conduct and a statutory plblic

nuisance.

Z. Failure to close the area affected by solid waste disposal activities

properly and completely constitutes a violation of 25 Pa. Code §§75.24, 75.26

and 75.38, unlawful conduct and a statutory plblic nuisance.

AA. Failure to close the area affected by solid waste disposal activities

properly and completely creates a danger of pollution and a statutory plblic

nuisance p.1rsuant to Sections 401 and 402 of the Clean Streams Law, 35 P.S.

§§691.401 and 691.402.

BB. Koppers and the Departxrent wish to resolve this matter expeditiously

and without resort to litigation. Toward that end, on May 6, 1986 Koppers sub-

mitted a work plan for the preparatio~ of a Remedial Investigation and

Feasibility Study ("RI/FS"l to the Departxrent for its approval. The Departxrent

approved the work plan, as amended, ("approved work plan">, on November 3, 1986.

NOW, THEREFORE, the parties intending to be legally bound and in con-

sideration of the mutual covenants herein, Koppers consents to the entry of the

following order:

1. Paragraphs l through 36 of this Consent Order and Agreement constitute

an Order of the Departxrent p.Irsuant to Sections 104(7) and 602 of the Solid

Waste Management ~ct, 35 P.S. §§6018.104(7) and 6018.602; Sections 5, 316, 402

and 610 of the Clean Streams Law, 35 P.S. §§691.5, 691.316, 691.402, and

691.610; and Section 1917-~ of the Administrative Code, the Act of ~ril 9,

1929, P.L. 177, as amended, 71 P.S. §510-17.

-5-

AT< zoooot.o

'.

mRK PLAN

2. '11le approved work plan is incorporated into this Consent Order and

Agreelrellt. Koppers shall implement the approved work plan according to the

approved schedule.

REMFDIAL INVESTIGATION

3. Koppers shall conduct a Remedial Investigation ( "RI" l at the Site and

prepare an RI report in accordance with the approved work plan and schedule, the

Solid Waste Management Act, the Clean Streams Law, the regulations pranulgated

thereunder, the United States 'Ehvirormental Protection Agency's ("EPA">. Qli.dance

on Remedial Investigations under CERCLA (June 1985), Section 300.68 of the

National Oil and Hazardous SUbstances Pollution Contingency Plan C"NCP"l, 50

Fed. Reg. 47973 (November 20, 1985)(to be codified at 40 C.F.R. §300.68), and

any future revisions which became effective prior to the issuance of the RI

report.

4. Koppers shall not deviate fran the standards and specifications for

performance of the RI contained in the approved work plan and the RI guidance

document referred to in Paragraph 3, unless Koppers obtains the Department' s

prior written approval.

5. Koppers shall notify the Department in writing at the conclusion of

each seasonal sampling and analysis program.

6. '!he Depart:Irent agrees to review performance of each seasonal sampling

and analysis program and associated analytical results and to indicate in

writing within twenty-one (21) days after notification whether it considers the

program satisfactorily a:ll1pleted. '!he Department's detennination that a program

is

program as set forth in the approved work plan have been satisfactorily

acccmplished for the p.lrposes of Paragraph 19, and shall not be construed as a

finding that changes or additions to the scope of the work plan are not

necessary to achieve ccmpliance with CERCLA, the NCP, the Solid waste Managemant

l>.ct, or the Clean Streams taw. 'lhe Departrrent' s detennination shall not be

available as a defense to any action brought to secure ccmpliance with this

Consent Order and Agreerent, CERCLA, the NCP, the Solid Waste Managemant Act or

the Clean Streams taw.

7. The Departrrent agrees that, if it detennines that a seasonal sampling

and analysis program has not been ccmpleted in accordance with the standards and

specifications set out in the approved work plan, it will notify Koppers in

writing, including a reasonable schedule for ccmpletion in its notification.

Koppers shall expeditiously ccmplete the program in accordance with the sche-

dule. 'lhe revised schedule shall be incorporated into and becare an obligation

of this Consent Order and 1\g'reerent.

8. If the Departrrent detennines that revision of the work plan is

necessary because of information acquired during implemantation of the RI,

Koppers shall make those revisions within such reasonable time (not to be less

than twenty daysl as the Departrrent specifies. Koppers shall begin work within

five (5l 'NOrking days after the Departrrent's written approval of the revision

and schedule. Upon approval, the revision and schedule shall be incorporated

into and becare an obligation of this Consent Order and Agreemant. The

Departrrent specifically reserves the right to issue orders concerning revisions

or changes to the JU or as otherwise authorized r:ursuant to the statutes cited

in Paragraph l.

-7-

AK Zo:JCO 8

·.

. ' FEASIBILITY' STUDY

9. Koppers shall conduct a Feasibility Study ( "FS" l at the site and pre-

pare an FS Report in accordance with the approved ..ork plan and schedule, the

Solid Waste Management Act, the Clean Streams Law, the regulations pranulgated

thereunder, EPA's Guidance on Feasibility Studies under CERCLA (June, 1985),

CERCLA, and Section 300.68 of the NCP, 50 Fed. ~eg. 47973 (November 20, 1985)

consistent with Section 300.67 of the NCP, 50 Fed. ~eg. 47973 (Novanber 20,

1985) (to be codified at 40 C.F.R. §300.67), and with Departmental p:>licy for

camnmi ty relations at Superfund sites.

~AL cniDITIONS

13. REPORTING - Koppers shall pranptiy make available to the Depart:Irent and

EPA all technical information developed while implementing this Consent Order

and Agreement.

14. SAMPLING - a. Koppers shall notify the Department and EPA at least

seven (7) days in advance of any sampling set forth in the approved work plan,

and shall split samples with those agencies up:>n request. Sampling and analysis

shall be done according to EPA protocols; and samples shall be handled according

to accepted chain of custody procedures. Documents setting forth the EPA proto-

cols and chain of custody procedures referenced in this Paragraph were sent by

the Depart:Irent to Koppers in a March \4, 1986 letter.

b. The Depart:Irent agrees to notify Koppers at least seven days in

advance of any sampling, whenever p:>ssible, to allow Koppers the opp:>rtuni ty to

split samples; provided, however, that the Depart:Irent' s failure to do so shall

not be available to Koppers as a defense to any action brought to secure

canpliance with this Consent Order and Agreement, CERcr.A, the NCP, the Solid

Waste Management Act or the Clean Streams Law.

15. PROGRESS REPORTS- Until the Depart:Irent determines that the obligations

of this Consent Order and Agreement have been satisfactorily implemented, Koppers

shall sul:mit written ll'Onthly progress rep:>rts to the Depart:Irent by the fifteenth

day of each ll'Onth, describing the work accanplished during the prior calendar

ll'Onth and including any sample results received during that tine.

-9-AI?-2.000\D

..

16. ACCESS, INF()qMATION - AUthorized representatives of the Depart:m;!nt and

EPA shall have the authority to enter and freely ll¥)ve about the Site at all

reasonable times for the purposes of, all¥)ng other things: inspecting records,

operating logs, and contracts related to the site 1 reviewing Koppers' progress

in o::mplying with this Consent Order and 1\grearent; conducting such tests as the

Department or EPA deem necessary; using a cairera, sound recording, or other such

equiprent; and verifying the data sul:mitted to the Department by Koppers.

Koppers shall permit such persons to inspect and copy all records, files, pho-

tographs, documents and other writings, including all sampling and !lDnitoring

data, in any way pertaining to work undertaken pursuant to this Consent Order

and 1\grearent. All parties with access to the Site pursuant to this paragraph

shall o::mply with all approved health and safety plans 1 however, their failure

to do so shall not release Koppers of its obligations under this Consent Order

and 1\greerrent. Nothing in this paragraph shall be construed to limit the

Department's authority pursuant to Sections 608 and 609 of the Solid waste

Management Act, 35 P.S. §§6018.608 and 6018.609 or the ccmmon law to inspect the

property with or without a search warrant, nor to limit EPA' s authority pursuant

to Section l04(e) of CERCLA, 42 U.S.C. §9604(e).

17. RHDRD PR~VATION - Koppers shall preserve, during the pendency of

this Consent Order and Agrearent and for a minimum of six (6) years after its

termination, all records and documents in its possession or in the possession of

its subsidiaries, parent corporations, divisions, employees, agents, accoun-

tants, contractors or attorneys which relate in any way to the Site, despite any

document retention policy to the contrary. After this six (6) year period,

Koppers shall notify the Department at least thirty ( 30) calendar days before

AR 2 ooOI \ -10-

the destruction of any such dcx:urrents. Upon request by the Depart:Irent, Koppers

shall make available to the Depart:Irent such records or copies of any such

records. Additionally, if the Depart:Irent requests that sore or all docun'ents be

preserved for a longer period of tiire, Koppers shall CCI!1ply with that request.

18. FORCE MAJEURE - In the event that the DepartJnent detennines that

Koppers' failure to CCI!1ply with any date in any schedule set forth in Paragraphs

1 through 11 is due to riot, civil disorder, acts of God, ~o~eather so severe as

to impede field activities, t«>rk slO'

.. . ·'

19. PENALTIES - Subject to the provisions of Paragraph 18, if Koppers fails

to cc:mply with any of the obligations in this Consent Order and Agreerent in a

till'ely manner, it shall pay civil penalties in the amount of two hundred fifty

dollars ($250.00) per day for the first seven (7) calendar days of delay, and

five hundred dollars ($500.00) per day for each subsequent calendar day on which

it fails to cc:mplete perfo:c:manoe.

20. Failure to cc:mply with any provision of this Consent Order and Agreerent

within the till'e specified shall be a material violation and shall entitle the

Department to pursue all available remedies and penalties for violation of a

Departmental Order. Such remedies and penalties shall be in addition to, and

not in lieu of, those imposed by this Consent Order and Agreement, including

Paragraph 19.

21. Nothing in this consent Order and Agreement authorizes any violation of

any pennit, law or regulation. The Departmenl: specifically reserves all rights

to institute civil, criminal, equitable and administrative proceedings for past,

existing and future violations of any environmental law or regulation by Koppers

or other persons.

22. The Departll'ent expressly reserves all rights and defenses that it may

have, including the Department's right both to disapprove of work perfonned by

Koppers which it detennines is not in accordance with the approved work plan,

and to request that Koppers perform tasks in addition to those detailed in this

COnsent Order and l\greement and the work plan. In the event that Koppers decli-

nes to perform any additional and/or modified tasks, the Departll'ent shall have

the right to seek enforcement of this Consent Order and Agreerent or to under-

take any work required. In addition, the Department reserves the right to

ARZ000J3 -12-

undertake removal actions and/or remedial actions at any time. The Depart:Irent

reserves the right to seek reimbursement from Koppers thereafter for the costs

incurred by the Ccmnonwealth of Pennsylvania to perfonn such work.

23 . Nothing in this Consent Order and Agreenent shall constitute or be

construed as a release from any claim, cause of action or demand in law or

equity against any person, finn, partnership, or corporation not a signatory to

this Consent Order and 1\greenent for any liability it may have arising out of or

relating in any way to the generation, storage, treat:Irent, handling, transpor-

tation, release, or disposal of any hazardous substances, hazardous wastes,

solid wastes, pollutants, or contaminants found at, taken to, or taken from the

Site.

24. This Consent Order and Agreenent shall apply to and be binding upon

the parties, their agents, successors, and assigns and upon all persons,

contractors, subcontractors, and consultants acting under or for the parties.

25. No change in ownership or corporate or partnership status relating to

the 'lite shall in any way alter responsibility under this Consent Order and

Agreenent.

26. Prior to the effective date of transfer by Koppers of any legal or

equitable ownership, leasehold or other interest in the Site or in any part of

the Site, Koppers shall serve a copy of this Consent Order and Agreenent on the

prospective successor or assignee in interest and notify the Depart:Irent, in

writing, of such prospective transfer. The tenns and provisions of this Consent

Order and Agreement shall ranain in full force and effect as be~ the

Depart:Irent and any assignee or successor in interest of Koppers.

27. The grantor, in any future conveyance of any of the property on which

the Site is located, shall include in the property description of the deed an

-13-

A'R2000J4

L--~

acknowledgement of the solid waste disposal activities which have occurred at

the Site. SUch acknowledgement shall include a description of the types of

solid wastes, the exact location of the disposed wastes and the surface area

size of the disposal areas. 'Ihis arrended property description shall be made a

part of the deed for all future conveyances or transfers of the subject pro-

perty.

28. No agreement, approval or determination by the Department pursuant to

this Consent Order and Agreement shall be construed as a guarantee of success,

waiver of further responsibility or determination of ul tirnate c:anpliance with

any law.

29. The parties agree that, at the request of either party, they will meet

to attempt to resolve any disagreement between them concerning this Consent

Order and Agreement.

30. The parties agree to send to EPA at the address in Paragraph 33 copies

of all correspondence between them.

31. All correspondence with the Department concerning this Consent Order

and Agreement and required notifications shall be addressed to the Department's

project officer, Mark Gorman, Bureau of waste Management, 1012 Water Street,

Meadville, Pennsylvania 16335 , or his designated successor.

32. All correspondence with Koppers concerning this Consent Order and

Agreement and required notifications shall be addressed to E. M. Kerschner,

Manager, Environmental Regulatory Programs, Koppers Canpany, Inc. , Koppers

Building, Pittsburgh, Pennsylvania 15219, with a copy to Jill Blundon at the

sarre address.

33. All correspondence with EPA concerning this Consent Order and Agreement

and required notifications shall be addressed to Francisco Barba (31Wl2l, United

-14-

·. '

States Enviromrental Protection Agency, Region III, 841 Chestnut Street,

Philadelphia, Pennsylvania 19107.

34. Prior drafts of this Consent Order and 1\greemE!nt shall not be used in

any litigation involving the interpretation of this document.

35 • It is the intent of the parties hereto that the clauses of this Consent

Order and 1\greemE!nt are severable and should any part of it be declared by a

court of law to be invalid and unenforceable, the other clauses shall remain in

full force and effect.

36. This is the entire Consent Order and 1\greemE!nt of the parties: and no

amendrrent shall be valid unless set out in writing and signed by the parties.

Consent Order entered and l\greemE!nt executed by the Ccmronwealth of

I /1 Tl

·. • Koppers hereby consents to the terms and entry of this Consent Order and

- Agreement and hereby knowingly waives any right it might have to appeal fran

this Order under Section 1921 of the Administtati ve Ca:le, 7l P. S. §510-21, and

the Administrative 1\gency Law, 2 Pa.C.S. §l03(a) and Chapters 51\ and 7A. The

undersigned hereby covenant and agree that they are authorized to execute this

Consent Order and 1\greement on behalf of Koppers.

FOR KOPPERS a:MP!INY, INC.

CXJRPCJRATE SEAL

Templeton Slnith Attorney for Koppers Canpany, Inc.

-16-

.. ... '· ~ppendix A. Location of the Craig Farm Drum site; Parker, PA. USGS 7.5 minute

• < I , topographic quadrangle (Adapted from: RI FS \vork Plan; Koppers Co.; l·lay 5, 1986).

-

I

) I ---,.

CONTOUR INTERVAL 20 FEET riA nONAl GEODETIC VERTICAl. OA TUM OF 1929 A 'R -z.ooo \ B

' • ~f " ~ '

~ ..... • • . c:. ,, ' •

-. ...

.. ;;

Appendix B. Site sketch of the Craig Farm Drum site (Adapted from: Rl/FS Work Plan; Koppers Co.; May 5, 1986).

~ -N-

~

I I

STUD I" AREA

- \

Kt:JPP£RS PROPE'RfY ~ 80l.NJARY

~), \ F'~ CRAI6 \ \

PROPf"RfY \~ ~

""' \~ I

-

I I

I I I

\---~ \ : \ I

L ) I -- . I ---- I_J ------~-

/ I J I

\ _...,-·-._, \

_,.,. -----·-·------~-----------VAI.L£"'1' RUN·----

0 ... ...

APPENDIX B