i i j jj. iv jj. · the previoua report) j eatimatea (percentages) of work coiipleted for each...
TRANSCRIPT
)middot I
I II) l ~- 1
J( rirIbull I
rJokshyd)_pl~ ~ -I~ ~ fbull )- Samp pJfOitT
( z- JJ f ~ cJ--g ~s -1ti
1~ c middotf eesshyreg () ) - -tsit- IV lMU ir ~ N4fbullfl ~r JJ ~t5
-7middot ~ ~(~ rPr
PAU 111-AWAID CONDITIONS
OltUUL CONDITIONS
The NdpiftltcOYeunllaad 1111 tlwit it will aditioualy initiate aftd tiaely Cotllp)ete the projtct worlr forwhlct aitanct has Man awarded under tills bullCtbullent Ia accordL-ct with all applicable proviaioaa of 40 CFR Chfter 1 ~art B Theieclpient wanatltl ~resents 11t1d asr-ea Uat It and ita contractort aubcolltractora ~L~O~G auioTS~~b~P~~~~~na~1 ~P~~~i~c~blt ~~f~np~ 8 ~~~~~~~~chapter 8bull coadltJoaa set forth middot Iethia atatanu llfHnl or any uaialanct ndment pursuant to 40 CFR 30425
~ ~ CONOITIOMS
(Fbull COOfMNtWa bulllrHbullIIIbull ittelude identification cw middoton of EPA Napo~~ai6iliri tlwt Nllacr cwc011tri6bullbull ro aD6arantial irrvolvabullnrJ
1 EPA avarda this cooperative agreement in accordance vith the FederalGrant and cooperative Agreement Act of 1977 Thh agreement iaaubject to all applicable EPA aaahtance regulations
2A~tttf~ au tiv Jul
] The coat principlebull of Office of Manageaent and Budget Circular Abull87 are applicable to thia avard
t In accepting thia cooperative ioreeaent the recipient agreebull to thefolloving conditione for the letter of credit aethod of financingbull
a caah drawdovna vill occur only when needed for dhburaeMntbullJ
b Tlbullly reporting of caeh diaburanta and balancea will be provided aa required by the IPA Letter of Credit uaera J
c The aabull atandarde of tiaing and reporting will be iapoaed on aecondary receipienta if any
d When a dralft3ovn under the letter of credit occura the recipient will ahov on the back of the voucher CPora TFS-5401)the Cooperative Agreeaent nUJiber the appropriate SPA account number and the dravdovn aaount applicable to each accountactivitiy (aee attached bulltnatruction for Uaing the SuperfundAccount Nwaber Under Cooperative AgreeHntabull) The eighthdigit of the account number (aee itea 39 paga 1 of the Cooperative Agree111ent) ia the code to the appropriate activityaaaignment1
J - Remedial Dhcovery and Notification Preliminary Aaaeaaaent Site Inapectionand Ranking Aetivitiea
L - Remedial Jnveatigation Feaaibility Study
N - Remedial Design
Implementation
PAGIC 101 bull
-2shy The bullaximum daily rate for consultant aervicea shall not exceed the
daily rate for a GS-18 which is currently ~ lt f-
Thh Agreement ie subject to the procurement etandarda of Title 40 6 all- II~) )ff~t_t4 J
of the Codt of Federal RegulatJons_ Part 33bull C PJ ~middot 7
)~middotAf ~ ~oiJiJj~middot uH-middot A VII pound- ~
The State rl~ot 1equlr d to provide 10 percent of the coat of the Jtt(
1- middot remedial planning activities for the Davia Liquid waste Site becauee
the States application for a cooperative agreement for remedial
planning activities was filed before May 1 1982 aa specified in the
111emonndum dated March 11 1982 signed by the Director Office of Guidance on Cooperative
Emergency and Remedial Response entitled1
Agreements with States under CERCLA
If the State and EPA determine to undertake remedial implementation
at the aite the State may aubmit an application to uend thie
The application ahall include a plan for theCooperative Agreement TheStatebull operation and maintenance cobullMI of any reaedill action
plan vill identify the agency reaponaible for 06M the aource(a) of
funda for OM and a deacription of the Statebulla legal and financial
capabilitiea for providing neceaaary 06M of the aite after reaedlal
iapleaentatlon Neceaaary 06M at the aite la not defined or othershy
viae reatricted by Governor Garr-ahya letter of lune 28 1982
If the State and EPA deteraine that off-aite treatHnt atorage or
dlapoaal of waatea ia required the State vill in the application
for an ~~~endJMnt identify authorhed ha1ardoua waate aanaguent
facUitiea that have adequate capacity and are able and vllling to
receive the h11ardoua aubatancea daaignated for off-alte atorageTha ha1ardoua
treataent or diapoaal and are in RCRA caplianceacceptable to EPA and
vaate facilitlea aelected by the State muat ~
auat at a ainiaum be in coapllance vith the requireaenta of Subtitle
c of the solid waate Oiapoaal Act
CERCLA aectlon 104(e) (4) requirea that CERCLA funded actiona provide
a coat-effective reaponae which providea a balance between the need
for protection of public health welfare and the environment and
the avaihbility of amountbull from the rund to reapond to other aitea
If the State requeata CERCLA funding for reaedial deaign and
iaplementation EPA will evaluate the requeat againat available
rund aoniea and determine the approprhte extent of reaedy to be
funded Award of thia Cooperative Agreeaent doea not c0111111it EPA
to future funding for reaponae actiona at the aite
All activitiea conducted under thia Cooperative Agreement ahall be
conaiatent with the revised National Contingency Plan (NCPI
40 CFR 300 dated July 16 1982 (47 Federal Reqiater 31180) Reaedial
alternatives developed aa part of the remedial inveatigation and
feasibility study will be identified evaluated and ultimately
categorized as initial remedial aource control or off-aite meaaurea
baaed upon the factors established in aection 30068(e) of the NCP
In awarding contracts to any person to engage in response actiona
the State shall require compliance with Federal health and safety
atandarda by contractors and subcontractors as a condition of such
contracts
-3shy
-- Nothing contained in the Cooperative Agreement ahall be conatrued to
7 ~~=~~b~ ~r=~~lh~rs~t~pl~~t~~d~~middot~~~~~~ ~ protocols pre scr ibed in the Agreement to be followed by the State or
ita contractorbull during the performance of ita obligationbull under thta
Agreement are fo1 assurance of the quality of the final product of
the actiona contemplated by thie Agreement and do not conatitute a EPA (including ita
right to control the actions of the State
_l employees and contractors) is not authorized to repreaent or act on
behalf of the State in any matter relating to the aubject 11atter oftS ~
thia Agreement and the State (including ita employeea and contractora)
rl h not authorized to represent or act on behalf of EPA in any bullbulltter
relating to the subject matter of thia Agreement Neither EPA nor
the State shall be liable for the contracte acta errore or oaiaaiona
of the agenta employeea or contractorbull of the other party entered
into COIMiitted or performed vith reepect to or in the perforaance
~ ~hh Agreement)
e State agreebull to aatiefy all rederal State and local requirebullenta~f
including permite and approvale neceeaary for ibullplebullenting activitiea
addreeeed in thil cooperative Agrbullbullbullbullnt and in the revised federal
The State will provide all righta-of-vay andlead RIFS activities
let_ the reeponae actionaeaaenta ceaaary to
The State agreea to aubllit to the EPA Project Officer for review all16 The State
reports andor rec~endationa fr011 prior aite activities
also agreea to autit all relevant docWHnta andor rec~ndationa
prepared under thia AgreeHnt to the EPA Project Officer for written
=~=~~P~~~ ~~~~~nf~~ ~~olbull ~i~~ ~~~~~~Yday11
prior to scheduled initiatr~~)vitiea
The EPA Project Officer will conduct periodic reviewa of atate-lead17
taaka to evaluate project activitiee to aaaure coapllance withThe State Project
applicable EPA requirbullbullenta and regulationbull
Officer agrees to aeaure that all project achedulea and reporting
requireaenta are Ht All State-proposed bullodificationa to project
achedulea or activities will be i-edhtely reported to the EPA
Project officer for approval
The State agrees to aubnit financial statue and narrative progress18
reports to the EPA Project Officer at quarterly intervale c~ncing
These reports ahall include itebulliutionat the atart of the project of expenditures by object chaa and by each taakaubactivityactivity
in the StaUJHnt of WOrk (expenditurebull to date and expenditures Iince
the previoua report) J eatimatea (percentages) of work COIIpleted for
each activity of eubactivity in the State of Work including a
description of the bash for the eatia ateiJ and eatiaated variancea
(coat and time) expected at project COftlpletion The narrative
progreaa report will deacribe all activities worked on during the
quarter and vill describe any problems or delays that may have
The report will also describe the activitiea to beoccurredperfomed during the next quarter and will describe any anticipated
The report will also Hat any contractsproblema or delaysawarded and any contractor reports received
Dolato Spaclal Condltlon IIOmiddot 6 a~d
middot
bull 7 Dolata Spaclal condltlonl2aJO and-eubrti~ ~7 middot The evard of thia Arbullbullbullbullnt doel not conatitute a waiver of
EPAbull right to bring an action againat any peraon or peraana~ for liability un dbullr aectionl 106 or 101 or the Comprehenalwe tVnironmental Reaponae ccmpenaation and Liability Act of
~~~ (CERCU) or any other aatutory rovlolon or con
bullmiddot ~ lta a tlrety
-sshy
dhtrict in which the site described in this Agreement la located
or in auch other judicial diltrict of the United States Dhtrict
Couru aa 111ay be authorized by section 112 of CERCLA and agreed to
in writing by the parties to this Agreement Oftt]
In accordance with section 2(d) of the Prompt Payment Act (PL 97-177)
redanl funds 1nay not be used by the recipient for the payment of
intenat penalties to contractors when billa are paid late nor aay
interest penalties be uaed to satisfy coat-sharing requirements
Obligations to pay such intere8t penalties will not be obligations
of the United States
The State will allow public acceaa to ita recorda in accordance with
EPA will allow public acceaa to ita recordaapplicable State law
in accordance vith the procedures eatablbhad under the Freedom of
Inforation A-t (PL 93-502) and regulations probullulgated pursuant
thereto and agency guidance Both parties agree to protect aoch
others clliaa for confidentiality particularly with regard to
docuenta rellted to pending or ongoing enforceaent actions
generated by either the State 9r EPA
At IPAa reque~and to the extent allowed by State law the State
ahall bullake available to EPA any infonaation in ita poaaeaaion
At the State 1 requeat and to the extentconcerning the aiteallowed by Federal law EPA ahall bullake available to the State any
If any inforshyinfonaation in ita poaaeaaion concerning the aita
bullation h provided to EPA by the State under a claia of confishy
dentiality it will be treated in accordance with 40 CFR 2 if
the State hal given EPA notice of the claibull of confidentiality
IPA will not dilcloaa inforwation autitted under a claibull of
confidentiality unlaaa EPA ia required to do ao by Federal law
and haa given the State advance notice of IPAa intent to
releaae that information Abaant notice of auch claia EPA aay
bullaka aaid infomation available to the public without further
notice
The State ahll require a bidder or offeror on any contract funded
under thh Cooperative Agreement to provide with ita bid or
propoaal1 (1) inforwation on ita atatua and tha atatua of parent
coapaniea aubaidiariea affilhtaa and aubcontractora aa
potentially reaponaibla partiaa at the altar (2) certification
that to the beat of ita knowledge and belief it haa diacloaad
auch infomation or no auch inforaation exiatar (]) a atatabullant
that it ahall immediately diacloae any auch information dhcovered
after aubmhaion of ita bid or propoaal or after award The
State ahall evaluate auch information and ahall exclude any bidder
or offeror who il a potential r e sponsible party at the aite if the
State determines that the bidderbull or offerors conflict of
intereat h significant and cannot be avoided or otherwhe resolved
I
-6shy
Any r9ency reeponbullbull actiYitlbullbull conducted pureuant to the Nat ional contingency Plan 40 CFR section 30065 ehall not be reatricted by the terwa of thia Agreement EPA and the State bullbullY jointly euepend or IIOdify the raMdial activltiaa in the stataaent of work of thil v Agraebullnt during (and eubeaquant to) naceeeary eaargency reaponae actlona j~ -f11 Thl State will notify EPA of any planned etata~ln~enforcant activity (civil or cri11lnal) related to thle att~whlch bullbullY have direct or indirect bearing on the eite
0
- barcode 566203
- barcodetext SDMS Doc ID 566203
PAU 111-AWAID CONDITIONS
OltUUL CONDITIONS
The NdpiftltcOYeunllaad 1111 tlwit it will aditioualy initiate aftd tiaely Cotllp)ete the projtct worlr forwhlct aitanct has Man awarded under tills bullCtbullent Ia accordL-ct with all applicable proviaioaa of 40 CFR Chfter 1 ~art B Theieclpient wanatltl ~resents 11t1d asr-ea Uat It and ita contractort aubcolltractora ~L~O~G auioTS~~b~P~~~~~na~1 ~P~~~i~c~blt ~~f~np~ 8 ~~~~~~~~chapter 8bull coadltJoaa set forth middot Iethia atatanu llfHnl or any uaialanct ndment pursuant to 40 CFR 30425
~ ~ CONOITIOMS
(Fbull COOfMNtWa bulllrHbullIIIbull ittelude identification cw middoton of EPA Napo~~ai6iliri tlwt Nllacr cwc011tri6bullbull ro aD6arantial irrvolvabullnrJ
1 EPA avarda this cooperative agreement in accordance vith the FederalGrant and cooperative Agreement Act of 1977 Thh agreement iaaubject to all applicable EPA aaahtance regulations
2A~tttf~ au tiv Jul
] The coat principlebull of Office of Manageaent and Budget Circular Abull87 are applicable to thia avard
t In accepting thia cooperative ioreeaent the recipient agreebull to thefolloving conditione for the letter of credit aethod of financingbull
a caah drawdovna vill occur only when needed for dhburaeMntbullJ
b Tlbullly reporting of caeh diaburanta and balancea will be provided aa required by the IPA Letter of Credit uaera J
c The aabull atandarde of tiaing and reporting will be iapoaed on aecondary receipienta if any
d When a dralft3ovn under the letter of credit occura the recipient will ahov on the back of the voucher CPora TFS-5401)the Cooperative Agreeaent nUJiber the appropriate SPA account number and the dravdovn aaount applicable to each accountactivitiy (aee attached bulltnatruction for Uaing the SuperfundAccount Nwaber Under Cooperative AgreeHntabull) The eighthdigit of the account number (aee itea 39 paga 1 of the Cooperative Agree111ent) ia the code to the appropriate activityaaaignment1
J - Remedial Dhcovery and Notification Preliminary Aaaeaaaent Site Inapectionand Ranking Aetivitiea
L - Remedial Jnveatigation Feaaibility Study
N - Remedial Design
Implementation
PAGIC 101 bull
-2shy The bullaximum daily rate for consultant aervicea shall not exceed the
daily rate for a GS-18 which is currently ~ lt f-
Thh Agreement ie subject to the procurement etandarda of Title 40 6 all- II~) )ff~t_t4 J
of the Codt of Federal RegulatJons_ Part 33bull C PJ ~middot 7
)~middotAf ~ ~oiJiJj~middot uH-middot A VII pound- ~
The State rl~ot 1equlr d to provide 10 percent of the coat of the Jtt(
1- middot remedial planning activities for the Davia Liquid waste Site becauee
the States application for a cooperative agreement for remedial
planning activities was filed before May 1 1982 aa specified in the
111emonndum dated March 11 1982 signed by the Director Office of Guidance on Cooperative
Emergency and Remedial Response entitled1
Agreements with States under CERCLA
If the State and EPA determine to undertake remedial implementation
at the aite the State may aubmit an application to uend thie
The application ahall include a plan for theCooperative Agreement TheStatebull operation and maintenance cobullMI of any reaedill action
plan vill identify the agency reaponaible for 06M the aource(a) of
funda for OM and a deacription of the Statebulla legal and financial
capabilitiea for providing neceaaary 06M of the aite after reaedlal
iapleaentatlon Neceaaary 06M at the aite la not defined or othershy
viae reatricted by Governor Garr-ahya letter of lune 28 1982
If the State and EPA deteraine that off-aite treatHnt atorage or
dlapoaal of waatea ia required the State vill in the application
for an ~~~endJMnt identify authorhed ha1ardoua waate aanaguent
facUitiea that have adequate capacity and are able and vllling to
receive the h11ardoua aubatancea daaignated for off-alte atorageTha ha1ardoua
treataent or diapoaal and are in RCRA caplianceacceptable to EPA and
vaate facilitlea aelected by the State muat ~
auat at a ainiaum be in coapllance vith the requireaenta of Subtitle
c of the solid waate Oiapoaal Act
CERCLA aectlon 104(e) (4) requirea that CERCLA funded actiona provide
a coat-effective reaponae which providea a balance between the need
for protection of public health welfare and the environment and
the avaihbility of amountbull from the rund to reapond to other aitea
If the State requeata CERCLA funding for reaedial deaign and
iaplementation EPA will evaluate the requeat againat available
rund aoniea and determine the approprhte extent of reaedy to be
funded Award of thia Cooperative Agreeaent doea not c0111111it EPA
to future funding for reaponae actiona at the aite
All activitiea conducted under thia Cooperative Agreement ahall be
conaiatent with the revised National Contingency Plan (NCPI
40 CFR 300 dated July 16 1982 (47 Federal Reqiater 31180) Reaedial
alternatives developed aa part of the remedial inveatigation and
feasibility study will be identified evaluated and ultimately
categorized as initial remedial aource control or off-aite meaaurea
baaed upon the factors established in aection 30068(e) of the NCP
In awarding contracts to any person to engage in response actiona
the State shall require compliance with Federal health and safety
atandarda by contractors and subcontractors as a condition of such
contracts
-3shy
-- Nothing contained in the Cooperative Agreement ahall be conatrued to
7 ~~=~~b~ ~r=~~lh~rs~t~pl~~t~~d~~middot~~~~~~ ~ protocols pre scr ibed in the Agreement to be followed by the State or
ita contractorbull during the performance of ita obligationbull under thta
Agreement are fo1 assurance of the quality of the final product of
the actiona contemplated by thie Agreement and do not conatitute a EPA (including ita
right to control the actions of the State
_l employees and contractors) is not authorized to repreaent or act on
behalf of the State in any matter relating to the aubject 11atter oftS ~
thia Agreement and the State (including ita employeea and contractora)
rl h not authorized to represent or act on behalf of EPA in any bullbulltter
relating to the subject matter of thia Agreement Neither EPA nor
the State shall be liable for the contracte acta errore or oaiaaiona
of the agenta employeea or contractorbull of the other party entered
into COIMiitted or performed vith reepect to or in the perforaance
~ ~hh Agreement)
e State agreebull to aatiefy all rederal State and local requirebullenta~f
including permite and approvale neceeaary for ibullplebullenting activitiea
addreeeed in thil cooperative Agrbullbullbullbullnt and in the revised federal
The State will provide all righta-of-vay andlead RIFS activities
let_ the reeponae actionaeaaenta ceaaary to
The State agreea to aubllit to the EPA Project Officer for review all16 The State
reports andor rec~endationa fr011 prior aite activities
also agreea to autit all relevant docWHnta andor rec~ndationa
prepared under thia AgreeHnt to the EPA Project Officer for written
=~=~~P~~~ ~~~~~nf~~ ~~olbull ~i~~ ~~~~~~Yday11
prior to scheduled initiatr~~)vitiea
The EPA Project Officer will conduct periodic reviewa of atate-lead17
taaka to evaluate project activitiee to aaaure coapllance withThe State Project
applicable EPA requirbullbullenta and regulationbull
Officer agrees to aeaure that all project achedulea and reporting
requireaenta are Ht All State-proposed bullodificationa to project
achedulea or activities will be i-edhtely reported to the EPA
Project officer for approval
The State agrees to aubnit financial statue and narrative progress18
reports to the EPA Project Officer at quarterly intervale c~ncing
These reports ahall include itebulliutionat the atart of the project of expenditures by object chaa and by each taakaubactivityactivity
in the StaUJHnt of WOrk (expenditurebull to date and expenditures Iince
the previoua report) J eatimatea (percentages) of work COIIpleted for
each activity of eubactivity in the State of Work including a
description of the bash for the eatia ateiJ and eatiaated variancea
(coat and time) expected at project COftlpletion The narrative
progreaa report will deacribe all activities worked on during the
quarter and vill describe any problems or delays that may have
The report will also describe the activitiea to beoccurredperfomed during the next quarter and will describe any anticipated
The report will also Hat any contractsproblema or delaysawarded and any contractor reports received
Dolato Spaclal Condltlon IIOmiddot 6 a~d
middot
bull 7 Dolata Spaclal condltlonl2aJO and-eubrti~ ~7 middot The evard of thia Arbullbullbullbullnt doel not conatitute a waiver of
EPAbull right to bring an action againat any peraon or peraana~ for liability un dbullr aectionl 106 or 101 or the Comprehenalwe tVnironmental Reaponae ccmpenaation and Liability Act of
~~~ (CERCU) or any other aatutory rovlolon or con
bullmiddot ~ lta a tlrety
-sshy
dhtrict in which the site described in this Agreement la located
or in auch other judicial diltrict of the United States Dhtrict
Couru aa 111ay be authorized by section 112 of CERCLA and agreed to
in writing by the parties to this Agreement Oftt]
In accordance with section 2(d) of the Prompt Payment Act (PL 97-177)
redanl funds 1nay not be used by the recipient for the payment of
intenat penalties to contractors when billa are paid late nor aay
interest penalties be uaed to satisfy coat-sharing requirements
Obligations to pay such intere8t penalties will not be obligations
of the United States
The State will allow public acceaa to ita recorda in accordance with
EPA will allow public acceaa to ita recordaapplicable State law
in accordance vith the procedures eatablbhad under the Freedom of
Inforation A-t (PL 93-502) and regulations probullulgated pursuant
thereto and agency guidance Both parties agree to protect aoch
others clliaa for confidentiality particularly with regard to
docuenta rellted to pending or ongoing enforceaent actions
generated by either the State 9r EPA
At IPAa reque~and to the extent allowed by State law the State
ahall bullake available to EPA any infonaation in ita poaaeaaion
At the State 1 requeat and to the extentconcerning the aiteallowed by Federal law EPA ahall bullake available to the State any
If any inforshyinfonaation in ita poaaeaaion concerning the aita
bullation h provided to EPA by the State under a claia of confishy
dentiality it will be treated in accordance with 40 CFR 2 if
the State hal given EPA notice of the claibull of confidentiality
IPA will not dilcloaa inforwation autitted under a claibull of
confidentiality unlaaa EPA ia required to do ao by Federal law
and haa given the State advance notice of IPAa intent to
releaae that information Abaant notice of auch claia EPA aay
bullaka aaid infomation available to the public without further
notice
The State ahll require a bidder or offeror on any contract funded
under thh Cooperative Agreement to provide with ita bid or
propoaal1 (1) inforwation on ita atatua and tha atatua of parent
coapaniea aubaidiariea affilhtaa and aubcontractora aa
potentially reaponaibla partiaa at the altar (2) certification
that to the beat of ita knowledge and belief it haa diacloaad
auch infomation or no auch inforaation exiatar (]) a atatabullant
that it ahall immediately diacloae any auch information dhcovered
after aubmhaion of ita bid or propoaal or after award The
State ahall evaluate auch information and ahall exclude any bidder
or offeror who il a potential r e sponsible party at the aite if the
State determines that the bidderbull or offerors conflict of
intereat h significant and cannot be avoided or otherwhe resolved
I
-6shy
Any r9ency reeponbullbull actiYitlbullbull conducted pureuant to the Nat ional contingency Plan 40 CFR section 30065 ehall not be reatricted by the terwa of thia Agreement EPA and the State bullbullY jointly euepend or IIOdify the raMdial activltiaa in the stataaent of work of thil v Agraebullnt during (and eubeaquant to) naceeeary eaargency reaponae actlona j~ -f11 Thl State will notify EPA of any planned etata~ln~enforcant activity (civil or cri11lnal) related to thle att~whlch bullbullY have direct or indirect bearing on the eite
0
- barcode 566203
- barcodetext SDMS Doc ID 566203
-2shy The bullaximum daily rate for consultant aervicea shall not exceed the
daily rate for a GS-18 which is currently ~ lt f-
Thh Agreement ie subject to the procurement etandarda of Title 40 6 all- II~) )ff~t_t4 J
of the Codt of Federal RegulatJons_ Part 33bull C PJ ~middot 7
)~middotAf ~ ~oiJiJj~middot uH-middot A VII pound- ~
The State rl~ot 1equlr d to provide 10 percent of the coat of the Jtt(
1- middot remedial planning activities for the Davia Liquid waste Site becauee
the States application for a cooperative agreement for remedial
planning activities was filed before May 1 1982 aa specified in the
111emonndum dated March 11 1982 signed by the Director Office of Guidance on Cooperative
Emergency and Remedial Response entitled1
Agreements with States under CERCLA
If the State and EPA determine to undertake remedial implementation
at the aite the State may aubmit an application to uend thie
The application ahall include a plan for theCooperative Agreement TheStatebull operation and maintenance cobullMI of any reaedill action
plan vill identify the agency reaponaible for 06M the aource(a) of
funda for OM and a deacription of the Statebulla legal and financial
capabilitiea for providing neceaaary 06M of the aite after reaedlal
iapleaentatlon Neceaaary 06M at the aite la not defined or othershy
viae reatricted by Governor Garr-ahya letter of lune 28 1982
If the State and EPA deteraine that off-aite treatHnt atorage or
dlapoaal of waatea ia required the State vill in the application
for an ~~~endJMnt identify authorhed ha1ardoua waate aanaguent
facUitiea that have adequate capacity and are able and vllling to
receive the h11ardoua aubatancea daaignated for off-alte atorageTha ha1ardoua
treataent or diapoaal and are in RCRA caplianceacceptable to EPA and
vaate facilitlea aelected by the State muat ~
auat at a ainiaum be in coapllance vith the requireaenta of Subtitle
c of the solid waate Oiapoaal Act
CERCLA aectlon 104(e) (4) requirea that CERCLA funded actiona provide
a coat-effective reaponae which providea a balance between the need
for protection of public health welfare and the environment and
the avaihbility of amountbull from the rund to reapond to other aitea
If the State requeata CERCLA funding for reaedial deaign and
iaplementation EPA will evaluate the requeat againat available
rund aoniea and determine the approprhte extent of reaedy to be
funded Award of thia Cooperative Agreeaent doea not c0111111it EPA
to future funding for reaponae actiona at the aite
All activitiea conducted under thia Cooperative Agreement ahall be
conaiatent with the revised National Contingency Plan (NCPI
40 CFR 300 dated July 16 1982 (47 Federal Reqiater 31180) Reaedial
alternatives developed aa part of the remedial inveatigation and
feasibility study will be identified evaluated and ultimately
categorized as initial remedial aource control or off-aite meaaurea
baaed upon the factors established in aection 30068(e) of the NCP
In awarding contracts to any person to engage in response actiona
the State shall require compliance with Federal health and safety
atandarda by contractors and subcontractors as a condition of such
contracts
-3shy
-- Nothing contained in the Cooperative Agreement ahall be conatrued to
7 ~~=~~b~ ~r=~~lh~rs~t~pl~~t~~d~~middot~~~~~~ ~ protocols pre scr ibed in the Agreement to be followed by the State or
ita contractorbull during the performance of ita obligationbull under thta
Agreement are fo1 assurance of the quality of the final product of
the actiona contemplated by thie Agreement and do not conatitute a EPA (including ita
right to control the actions of the State
_l employees and contractors) is not authorized to repreaent or act on
behalf of the State in any matter relating to the aubject 11atter oftS ~
thia Agreement and the State (including ita employeea and contractora)
rl h not authorized to represent or act on behalf of EPA in any bullbulltter
relating to the subject matter of thia Agreement Neither EPA nor
the State shall be liable for the contracte acta errore or oaiaaiona
of the agenta employeea or contractorbull of the other party entered
into COIMiitted or performed vith reepect to or in the perforaance
~ ~hh Agreement)
e State agreebull to aatiefy all rederal State and local requirebullenta~f
including permite and approvale neceeaary for ibullplebullenting activitiea
addreeeed in thil cooperative Agrbullbullbullbullnt and in the revised federal
The State will provide all righta-of-vay andlead RIFS activities
let_ the reeponae actionaeaaenta ceaaary to
The State agreea to aubllit to the EPA Project Officer for review all16 The State
reports andor rec~endationa fr011 prior aite activities
also agreea to autit all relevant docWHnta andor rec~ndationa
prepared under thia AgreeHnt to the EPA Project Officer for written
=~=~~P~~~ ~~~~~nf~~ ~~olbull ~i~~ ~~~~~~Yday11
prior to scheduled initiatr~~)vitiea
The EPA Project Officer will conduct periodic reviewa of atate-lead17
taaka to evaluate project activitiee to aaaure coapllance withThe State Project
applicable EPA requirbullbullenta and regulationbull
Officer agrees to aeaure that all project achedulea and reporting
requireaenta are Ht All State-proposed bullodificationa to project
achedulea or activities will be i-edhtely reported to the EPA
Project officer for approval
The State agrees to aubnit financial statue and narrative progress18
reports to the EPA Project Officer at quarterly intervale c~ncing
These reports ahall include itebulliutionat the atart of the project of expenditures by object chaa and by each taakaubactivityactivity
in the StaUJHnt of WOrk (expenditurebull to date and expenditures Iince
the previoua report) J eatimatea (percentages) of work COIIpleted for
each activity of eubactivity in the State of Work including a
description of the bash for the eatia ateiJ and eatiaated variancea
(coat and time) expected at project COftlpletion The narrative
progreaa report will deacribe all activities worked on during the
quarter and vill describe any problems or delays that may have
The report will also describe the activitiea to beoccurredperfomed during the next quarter and will describe any anticipated
The report will also Hat any contractsproblema or delaysawarded and any contractor reports received
Dolato Spaclal Condltlon IIOmiddot 6 a~d
middot
bull 7 Dolata Spaclal condltlonl2aJO and-eubrti~ ~7 middot The evard of thia Arbullbullbullbullnt doel not conatitute a waiver of
EPAbull right to bring an action againat any peraon or peraana~ for liability un dbullr aectionl 106 or 101 or the Comprehenalwe tVnironmental Reaponae ccmpenaation and Liability Act of
~~~ (CERCU) or any other aatutory rovlolon or con
bullmiddot ~ lta a tlrety
-sshy
dhtrict in which the site described in this Agreement la located
or in auch other judicial diltrict of the United States Dhtrict
Couru aa 111ay be authorized by section 112 of CERCLA and agreed to
in writing by the parties to this Agreement Oftt]
In accordance with section 2(d) of the Prompt Payment Act (PL 97-177)
redanl funds 1nay not be used by the recipient for the payment of
intenat penalties to contractors when billa are paid late nor aay
interest penalties be uaed to satisfy coat-sharing requirements
Obligations to pay such intere8t penalties will not be obligations
of the United States
The State will allow public acceaa to ita recorda in accordance with
EPA will allow public acceaa to ita recordaapplicable State law
in accordance vith the procedures eatablbhad under the Freedom of
Inforation A-t (PL 93-502) and regulations probullulgated pursuant
thereto and agency guidance Both parties agree to protect aoch
others clliaa for confidentiality particularly with regard to
docuenta rellted to pending or ongoing enforceaent actions
generated by either the State 9r EPA
At IPAa reque~and to the extent allowed by State law the State
ahall bullake available to EPA any infonaation in ita poaaeaaion
At the State 1 requeat and to the extentconcerning the aiteallowed by Federal law EPA ahall bullake available to the State any
If any inforshyinfonaation in ita poaaeaaion concerning the aita
bullation h provided to EPA by the State under a claia of confishy
dentiality it will be treated in accordance with 40 CFR 2 if
the State hal given EPA notice of the claibull of confidentiality
IPA will not dilcloaa inforwation autitted under a claibull of
confidentiality unlaaa EPA ia required to do ao by Federal law
and haa given the State advance notice of IPAa intent to
releaae that information Abaant notice of auch claia EPA aay
bullaka aaid infomation available to the public without further
notice
The State ahll require a bidder or offeror on any contract funded
under thh Cooperative Agreement to provide with ita bid or
propoaal1 (1) inforwation on ita atatua and tha atatua of parent
coapaniea aubaidiariea affilhtaa and aubcontractora aa
potentially reaponaibla partiaa at the altar (2) certification
that to the beat of ita knowledge and belief it haa diacloaad
auch infomation or no auch inforaation exiatar (]) a atatabullant
that it ahall immediately diacloae any auch information dhcovered
after aubmhaion of ita bid or propoaal or after award The
State ahall evaluate auch information and ahall exclude any bidder
or offeror who il a potential r e sponsible party at the aite if the
State determines that the bidderbull or offerors conflict of
intereat h significant and cannot be avoided or otherwhe resolved
I
-6shy
Any r9ency reeponbullbull actiYitlbullbull conducted pureuant to the Nat ional contingency Plan 40 CFR section 30065 ehall not be reatricted by the terwa of thia Agreement EPA and the State bullbullY jointly euepend or IIOdify the raMdial activltiaa in the stataaent of work of thil v Agraebullnt during (and eubeaquant to) naceeeary eaargency reaponae actlona j~ -f11 Thl State will notify EPA of any planned etata~ln~enforcant activity (civil or cri11lnal) related to thle att~whlch bullbullY have direct or indirect bearing on the eite
0
- barcode 566203
- barcodetext SDMS Doc ID 566203
-3shy
-- Nothing contained in the Cooperative Agreement ahall be conatrued to
7 ~~=~~b~ ~r=~~lh~rs~t~pl~~t~~d~~middot~~~~~~ ~ protocols pre scr ibed in the Agreement to be followed by the State or
ita contractorbull during the performance of ita obligationbull under thta
Agreement are fo1 assurance of the quality of the final product of
the actiona contemplated by thie Agreement and do not conatitute a EPA (including ita
right to control the actions of the State
_l employees and contractors) is not authorized to repreaent or act on
behalf of the State in any matter relating to the aubject 11atter oftS ~
thia Agreement and the State (including ita employeea and contractora)
rl h not authorized to represent or act on behalf of EPA in any bullbulltter
relating to the subject matter of thia Agreement Neither EPA nor
the State shall be liable for the contracte acta errore or oaiaaiona
of the agenta employeea or contractorbull of the other party entered
into COIMiitted or performed vith reepect to or in the perforaance
~ ~hh Agreement)
e State agreebull to aatiefy all rederal State and local requirebullenta~f
including permite and approvale neceeaary for ibullplebullenting activitiea
addreeeed in thil cooperative Agrbullbullbullbullnt and in the revised federal
The State will provide all righta-of-vay andlead RIFS activities
let_ the reeponae actionaeaaenta ceaaary to
The State agreea to aubllit to the EPA Project Officer for review all16 The State
reports andor rec~endationa fr011 prior aite activities
also agreea to autit all relevant docWHnta andor rec~ndationa
prepared under thia AgreeHnt to the EPA Project Officer for written
=~=~~P~~~ ~~~~~nf~~ ~~olbull ~i~~ ~~~~~~Yday11
prior to scheduled initiatr~~)vitiea
The EPA Project Officer will conduct periodic reviewa of atate-lead17
taaka to evaluate project activitiee to aaaure coapllance withThe State Project
applicable EPA requirbullbullenta and regulationbull
Officer agrees to aeaure that all project achedulea and reporting
requireaenta are Ht All State-proposed bullodificationa to project
achedulea or activities will be i-edhtely reported to the EPA
Project officer for approval
The State agrees to aubnit financial statue and narrative progress18
reports to the EPA Project Officer at quarterly intervale c~ncing
These reports ahall include itebulliutionat the atart of the project of expenditures by object chaa and by each taakaubactivityactivity
in the StaUJHnt of WOrk (expenditurebull to date and expenditures Iince
the previoua report) J eatimatea (percentages) of work COIIpleted for
each activity of eubactivity in the State of Work including a
description of the bash for the eatia ateiJ and eatiaated variancea
(coat and time) expected at project COftlpletion The narrative
progreaa report will deacribe all activities worked on during the
quarter and vill describe any problems or delays that may have
The report will also describe the activitiea to beoccurredperfomed during the next quarter and will describe any anticipated
The report will also Hat any contractsproblema or delaysawarded and any contractor reports received
Dolato Spaclal Condltlon IIOmiddot 6 a~d
middot
bull 7 Dolata Spaclal condltlonl2aJO and-eubrti~ ~7 middot The evard of thia Arbullbullbullbullnt doel not conatitute a waiver of
EPAbull right to bring an action againat any peraon or peraana~ for liability un dbullr aectionl 106 or 101 or the Comprehenalwe tVnironmental Reaponae ccmpenaation and Liability Act of
~~~ (CERCU) or any other aatutory rovlolon or con
bullmiddot ~ lta a tlrety
-sshy
dhtrict in which the site described in this Agreement la located
or in auch other judicial diltrict of the United States Dhtrict
Couru aa 111ay be authorized by section 112 of CERCLA and agreed to
in writing by the parties to this Agreement Oftt]
In accordance with section 2(d) of the Prompt Payment Act (PL 97-177)
redanl funds 1nay not be used by the recipient for the payment of
intenat penalties to contractors when billa are paid late nor aay
interest penalties be uaed to satisfy coat-sharing requirements
Obligations to pay such intere8t penalties will not be obligations
of the United States
The State will allow public acceaa to ita recorda in accordance with
EPA will allow public acceaa to ita recordaapplicable State law
in accordance vith the procedures eatablbhad under the Freedom of
Inforation A-t (PL 93-502) and regulations probullulgated pursuant
thereto and agency guidance Both parties agree to protect aoch
others clliaa for confidentiality particularly with regard to
docuenta rellted to pending or ongoing enforceaent actions
generated by either the State 9r EPA
At IPAa reque~and to the extent allowed by State law the State
ahall bullake available to EPA any infonaation in ita poaaeaaion
At the State 1 requeat and to the extentconcerning the aiteallowed by Federal law EPA ahall bullake available to the State any
If any inforshyinfonaation in ita poaaeaaion concerning the aita
bullation h provided to EPA by the State under a claia of confishy
dentiality it will be treated in accordance with 40 CFR 2 if
the State hal given EPA notice of the claibull of confidentiality
IPA will not dilcloaa inforwation autitted under a claibull of
confidentiality unlaaa EPA ia required to do ao by Federal law
and haa given the State advance notice of IPAa intent to
releaae that information Abaant notice of auch claia EPA aay
bullaka aaid infomation available to the public without further
notice
The State ahll require a bidder or offeror on any contract funded
under thh Cooperative Agreement to provide with ita bid or
propoaal1 (1) inforwation on ita atatua and tha atatua of parent
coapaniea aubaidiariea affilhtaa and aubcontractora aa
potentially reaponaibla partiaa at the altar (2) certification
that to the beat of ita knowledge and belief it haa diacloaad
auch infomation or no auch inforaation exiatar (]) a atatabullant
that it ahall immediately diacloae any auch information dhcovered
after aubmhaion of ita bid or propoaal or after award The
State ahall evaluate auch information and ahall exclude any bidder
or offeror who il a potential r e sponsible party at the aite if the
State determines that the bidderbull or offerors conflict of
intereat h significant and cannot be avoided or otherwhe resolved
I
-6shy
Any r9ency reeponbullbull actiYitlbullbull conducted pureuant to the Nat ional contingency Plan 40 CFR section 30065 ehall not be reatricted by the terwa of thia Agreement EPA and the State bullbullY jointly euepend or IIOdify the raMdial activltiaa in the stataaent of work of thil v Agraebullnt during (and eubeaquant to) naceeeary eaargency reaponae actlona j~ -f11 Thl State will notify EPA of any planned etata~ln~enforcant activity (civil or cri11lnal) related to thle att~whlch bullbullY have direct or indirect bearing on the eite
0
- barcode 566203
- barcodetext SDMS Doc ID 566203
Dolato Spaclal Condltlon IIOmiddot 6 a~d
middot
bull 7 Dolata Spaclal condltlonl2aJO and-eubrti~ ~7 middot The evard of thia Arbullbullbullbullnt doel not conatitute a waiver of
EPAbull right to bring an action againat any peraon or peraana~ for liability un dbullr aectionl 106 or 101 or the Comprehenalwe tVnironmental Reaponae ccmpenaation and Liability Act of
~~~ (CERCU) or any other aatutory rovlolon or con
bullmiddot ~ lta a tlrety
-sshy
dhtrict in which the site described in this Agreement la located
or in auch other judicial diltrict of the United States Dhtrict
Couru aa 111ay be authorized by section 112 of CERCLA and agreed to
in writing by the parties to this Agreement Oftt]
In accordance with section 2(d) of the Prompt Payment Act (PL 97-177)
redanl funds 1nay not be used by the recipient for the payment of
intenat penalties to contractors when billa are paid late nor aay
interest penalties be uaed to satisfy coat-sharing requirements
Obligations to pay such intere8t penalties will not be obligations
of the United States
The State will allow public acceaa to ita recorda in accordance with
EPA will allow public acceaa to ita recordaapplicable State law
in accordance vith the procedures eatablbhad under the Freedom of
Inforation A-t (PL 93-502) and regulations probullulgated pursuant
thereto and agency guidance Both parties agree to protect aoch
others clliaa for confidentiality particularly with regard to
docuenta rellted to pending or ongoing enforceaent actions
generated by either the State 9r EPA
At IPAa reque~and to the extent allowed by State law the State
ahall bullake available to EPA any infonaation in ita poaaeaaion
At the State 1 requeat and to the extentconcerning the aiteallowed by Federal law EPA ahall bullake available to the State any
If any inforshyinfonaation in ita poaaeaaion concerning the aita
bullation h provided to EPA by the State under a claia of confishy
dentiality it will be treated in accordance with 40 CFR 2 if
the State hal given EPA notice of the claibull of confidentiality
IPA will not dilcloaa inforwation autitted under a claibull of
confidentiality unlaaa EPA ia required to do ao by Federal law
and haa given the State advance notice of IPAa intent to
releaae that information Abaant notice of auch claia EPA aay
bullaka aaid infomation available to the public without further
notice
The State ahll require a bidder or offeror on any contract funded
under thh Cooperative Agreement to provide with ita bid or
propoaal1 (1) inforwation on ita atatua and tha atatua of parent
coapaniea aubaidiariea affilhtaa and aubcontractora aa
potentially reaponaibla partiaa at the altar (2) certification
that to the beat of ita knowledge and belief it haa diacloaad
auch infomation or no auch inforaation exiatar (]) a atatabullant
that it ahall immediately diacloae any auch information dhcovered
after aubmhaion of ita bid or propoaal or after award The
State ahall evaluate auch information and ahall exclude any bidder
or offeror who il a potential r e sponsible party at the aite if the
State determines that the bidderbull or offerors conflict of
intereat h significant and cannot be avoided or otherwhe resolved
I
-6shy
Any r9ency reeponbullbull actiYitlbullbull conducted pureuant to the Nat ional contingency Plan 40 CFR section 30065 ehall not be reatricted by the terwa of thia Agreement EPA and the State bullbullY jointly euepend or IIOdify the raMdial activltiaa in the stataaent of work of thil v Agraebullnt during (and eubeaquant to) naceeeary eaargency reaponae actlona j~ -f11 Thl State will notify EPA of any planned etata~ln~enforcant activity (civil or cri11lnal) related to thle att~whlch bullbullY have direct or indirect bearing on the eite
0
- barcode 566203
- barcodetext SDMS Doc ID 566203
-sshy
dhtrict in which the site described in this Agreement la located
or in auch other judicial diltrict of the United States Dhtrict
Couru aa 111ay be authorized by section 112 of CERCLA and agreed to
in writing by the parties to this Agreement Oftt]
In accordance with section 2(d) of the Prompt Payment Act (PL 97-177)
redanl funds 1nay not be used by the recipient for the payment of
intenat penalties to contractors when billa are paid late nor aay
interest penalties be uaed to satisfy coat-sharing requirements
Obligations to pay such intere8t penalties will not be obligations
of the United States
The State will allow public acceaa to ita recorda in accordance with
EPA will allow public acceaa to ita recordaapplicable State law
in accordance vith the procedures eatablbhad under the Freedom of
Inforation A-t (PL 93-502) and regulations probullulgated pursuant
thereto and agency guidance Both parties agree to protect aoch
others clliaa for confidentiality particularly with regard to
docuenta rellted to pending or ongoing enforceaent actions
generated by either the State 9r EPA
At IPAa reque~and to the extent allowed by State law the State
ahall bullake available to EPA any infonaation in ita poaaeaaion
At the State 1 requeat and to the extentconcerning the aiteallowed by Federal law EPA ahall bullake available to the State any
If any inforshyinfonaation in ita poaaeaaion concerning the aita
bullation h provided to EPA by the State under a claia of confishy
dentiality it will be treated in accordance with 40 CFR 2 if
the State hal given EPA notice of the claibull of confidentiality
IPA will not dilcloaa inforwation autitted under a claibull of
confidentiality unlaaa EPA ia required to do ao by Federal law
and haa given the State advance notice of IPAa intent to
releaae that information Abaant notice of auch claia EPA aay
bullaka aaid infomation available to the public without further
notice
The State ahll require a bidder or offeror on any contract funded
under thh Cooperative Agreement to provide with ita bid or
propoaal1 (1) inforwation on ita atatua and tha atatua of parent
coapaniea aubaidiariea affilhtaa and aubcontractora aa
potentially reaponaibla partiaa at the altar (2) certification
that to the beat of ita knowledge and belief it haa diacloaad
auch infomation or no auch inforaation exiatar (]) a atatabullant
that it ahall immediately diacloae any auch information dhcovered
after aubmhaion of ita bid or propoaal or after award The
State ahall evaluate auch information and ahall exclude any bidder
or offeror who il a potential r e sponsible party at the aite if the
State determines that the bidderbull or offerors conflict of
intereat h significant and cannot be avoided or otherwhe resolved
I
-6shy
Any r9ency reeponbullbull actiYitlbullbull conducted pureuant to the Nat ional contingency Plan 40 CFR section 30065 ehall not be reatricted by the terwa of thia Agreement EPA and the State bullbullY jointly euepend or IIOdify the raMdial activltiaa in the stataaent of work of thil v Agraebullnt during (and eubeaquant to) naceeeary eaargency reaponae actlona j~ -f11 Thl State will notify EPA of any planned etata~ln~enforcant activity (civil or cri11lnal) related to thle att~whlch bullbullY have direct or indirect bearing on the eite
0
- barcode 566203
- barcodetext SDMS Doc ID 566203
I
-6shy
Any r9ency reeponbullbull actiYitlbullbull conducted pureuant to the Nat ional contingency Plan 40 CFR section 30065 ehall not be reatricted by the terwa of thia Agreement EPA and the State bullbullY jointly euepend or IIOdify the raMdial activltiaa in the stataaent of work of thil v Agraebullnt during (and eubeaquant to) naceeeary eaargency reaponae actlona j~ -f11 Thl State will notify EPA of any planned etata~ln~enforcant activity (civil or cri11lnal) related to thle att~whlch bullbullY have direct or indirect bearing on the eite
0
- barcode 566203
- barcodetext SDMS Doc ID 566203