SUPERFUND MEMORANDUM OF AGREEMENT

The State of Delaware andthe United States Environmental Protection Agency

Region III

I. INTRODUCTION - PURPOSE - PRINCIPLES

A, Introduction

This Superfund Memorandum of Agreement ("SMOA11) is enteredinto by the United States Environmental Protection Agency("EPA"), Region III, and the State of Delaware by its Depart-ment of Natural Resources and Environmental Control ("DNREC")pursuant to the Comprehensive Environmental Response, Compen-sation, and Liability Act ("CERCLA"), as amended by theSuperfund Amendments and Reauthorization Act of 1986, toencompass all Superfund sites within the State of Delaware.

B. Purpose

The SMOA shall establish the nature and extent of EPA andState interaction during EPA-lead and State-lead responseactions at Superfund Sites. The purpose of this SMOA is tp .delineate the respective roles and responsibilities of eachParty as they relate to the conduct of the Superfund programto clean up Superfund sites in the State of Delaware. Speci-fically, the purposes of this SMOA are to:

1. Establish the EPA/State relationship with respect toSuperfund enforcement and remedial Fund-lead program-matic activities to facilitate a cooperative workingrelationship which best serves EPA and State interests;

2* Designate the "lead agency" and "support agency" andthe areas of responsibility within each organizationfor each Superfund site within the State;

3. Define the process to designate sites where EPA willconcur on the State-recommended remedy, and to providefor State comment on EPA-recommended remedies;

4* Establish procedures for close cooperation and commun-ication between EPA and the State in planning for-removal pre-remedial and remedial response activitiesso that the planning process will lead to optimaluse of the Parties1 resources, and avoid conflictsand duplication of effort in conducting site-specificresponse activities;

5, Establish the base level for review of the items out-lined in attachment I, including technical deliverables,

-2-

reports, studies or other pertinent materials anddocuments;

6. Define the relationship and specify the procedureseach party will follow in interacting with regard toFederal facilities;

7. Assure that response activities are .conducted at_ sites so as not to be inconsistent with CERCLA, theNCP and applicable State law and regulations (ARARs)unless EPA obtains waives of ARARs.

Principles

1. The status of the Superfund site situation in theState of Delaware is detailed in Attachment I. Thelead agency is responsible for assuring the conductof the remedial investigation/feasibility studies(RI/FSs) or remedial design/remedial actions (RD/RA)in accordance with CERCLA/ SARA and the NationalContingency Plan.

2. The lead agency has primary responsibility for coor-dinating response actions at sites for which it isdesignated as lead. The lead agency will designatethe Remedial Project Manager ("RPM") or On-SceneCoordinator ("OSC") as specified in the NCP. Itwill also consult with the support agency, who willdesignate an appropriate coordinator for each site,throughout the response process. Where existing orpotential threats to public health, welfare, or theenvironment are identified requiring immediate action,removal actions may be undertaken by EPA or the state.Removal actions can occur at either NPL or non-NPLsites.

3. The support agency's role is to evaluate and commenton lead agency recommendations/documents during theremedial process as detailed in Attachment 2* Itwill also provide necessary data to the lead agencyas requested, and will review and may concur ondocuments as appropriate. The support agency normallywill deal with broad, overall issues and leave thetechnical details to the discretion of the lead-agency. The lead agency has the responsibility toprovide its reasoning, in writing, for lack of incor-poration of the support agency's comments. Thesupport agency will designate the Support AgencyCoordinator ("SAC") to interact and coordinate withthe lead agency during the remedial/response process.

fiR200l*25

_T.3- ""

4. Aggressive enforcement is an essential component ofsuccessful EPA and DNREC response actions at superfundsites*

5. Both Parties are responsible for keeping each otherinformed of all important actions pertaining to anysite. 7

6. The Parties will review this SMOA jointly at least- once a year. This SMOA may be modified, in writing,upon the request of either of the Parties. Allmodifications must be mutually agreed upon, in writing.

7. The principles and procedures agreed to in this SMOAare generally applicable to all EPA/State interactionsin Superfund response. These agreed-upon procedurescan and should be modified in the cooperative agree-ments, or Superfund State Contracts, as appropriatefor site-specific projects.

8. Nothing in this SMOA shall be construed to restrictin any way EPA's authority to fulfill its responsi-bilities under CERCLA, as amended, or under regula-tions at 40 CFR Parts 30, 33 and 300.

•9. Nothing in this SMOA shall be construed to restrict

in any way Delaware's authority to fulfill its respon-sibilities under 7 Delaware Code Chapters 60 and 63.

II. Agreement

NOW, THEREFORE, IT IS AGREED THAT:

A. Lead State Agency Designation

The Delaware Department of Natural Resources and Environ-mental Control will be the primary state agency responsiblefor Superfund program activies pursuant to the NCP. Thisdocument will serve to designate the lead and support Agencyfor each Superfund site in the State of Delaware and toestablish the roles of DNREC and EPA. Those roles will befurther defined by existing and pending cooperative agreements,pursuant to the authority of Section 104 of CERCIA/SARA.

B. Site -Specific Designation of Lead/Support Agency

The EPA, through the Hazardous Waste Management DivisionDirector, and DNREC, through the Director for the Divisionof Air and Waste Management, will ensure that lead and supportagency designations are made as soon as possible during pre-remedial activities whenever it is determined that the sitein question has a high potential for listing on the NPL.

AR200U26

-4-

The agency identifying the potential for site inclusion onthe NPL shall initiate the lead and support agency designa-tion process. The formal designation that an NPL site willbe under State-lead will be made in accordance with thisdocument and with respect to the "EPA/State Relationship inEnforcement Actions for sites on the National PrioritiesList", ASTSWMO, October 2, 1984, and its future revisions.

Lead agency designation will be reviewed at two subsequentpoints in the response process and in conjunction with Coop-erative Agreement applications where applicable: before thestart of an RI/FS (upon signature of a Consent Order), andfollowing the selection of remedy (before the start of theRemedial Design).

In addition, it may be necessary to switch the lead agencydesignation during the life of a site response action, orduring the course of the annual planning process. In suchsituations, the Party that identifies the need for a leadchange is responsible for initiating change discussions withthe other Party. When a lead is established or changed, theSMOA will be amended accordingly.

Lead Agency designation will also be reviewed in the eventof non-compliance with the timeliness provisions of thisAgreement. The party that recognizes the non-compliance isresponsible for initiating lead change discussions with theother Party.

c. Remedial Pronect Manager/Support Agency CoordinatorDesignations

The lead agency will designate a RPM, and the support agencywill designate a SAC for all reports NPL sites, and whenevera new site is determined to have a high potential for listingon the NPL. The agency identifying the potential for a site'sinclusion on the NPL shall initiate the RPM/SAC designationprocess.

D. Support Agency Concurrence

The lead agency will solicit comments and/or concurrencefrom the support agency on all documents submitted by poten-tially responsible parties or prepared by the lead agency orits contractors that will affect remediation in accordancewith Attachment II. The lead agency shall consider thesupport agency's timely submissions and will substantiate inwriting any instance of non-incorporation of comments to theSAC.

AR200if27

-5-

E. Points of Contact

1- Overall Program Communication. Coordination andPlanning

Overall program coordination shall be the responsi-bility of EPA's Superfund Branch Chief and HazardousWaste Enforcement Branch Chief and/or their assistantsand DNREC'5 CERCLA Management Branch Chief. Within

- EPA, specific concerns related to Federal-Enforcementlead sites shall be directed to the Chief of theDELMARVA/DC/WV CERCLA Remedial Enforcement Section andthose concerns related to State Enforcement lead sitesshall be directed to the Chief of the SARA SpecialSites Section. Specific concerns related to FederalFund-lead sites shall be directed to the Chief of theGeneral Remedial Response Section. Specific concernsrelated to site discovery, pre-remedial investigations,the HRS and NPL concerns shall be directed to theChief of the Site Investigation Section.

2* Cooperative Acrreement/SSC. Coordination

The role1, responsibilities and authorities of both.EPA and DNREC with respect to any future CooperativeAgreement will be set forth in the Cooperative Agree-ment. If necessary, the SMOA.may be amended to addressissues not covered by the CA.

3- Remedial Project Manager/Support Agency CoordinatorInteraction

The main route of communication and resolution ofsite-specific technical issues will be through thelead and support agency designated RPMs amd SACs.

4. EPA Regional Counsel's Office/State AttorneyGeneral's Office Interaction

The attorney's in the Office of Regional Counsel andthe State Attorney General's Office shall communicatewith each other on site specific legal issues andshall keep the respective RPMs and SACs advised of thestatus of those issues.

F. CoordinatiorL Processes

1. On-Going Program Coordination

The State and EPA intend that on-going Superfundprogram communication be accomplished in accordancewith the following procedures:

SR200U28

a) EPA and DNREC program representatives intend tomeet in their respective offices at alternatelocations at the approximate frequency of everyalternate month for the purposes of keeping each-other informed of on-going and future activities,discussing and planning for mutual goals anddeveloping a rapport between the Parties.

b) EPA and State program representatives intend toengage in telephone conference calls whenevereither Party feels the need for such a call. Thepurpose of these calls is to keep each otherinformed of on-going and upcoming activities, todiscover and resolve problems between the twoparties and to keep lines of communication open.

c) EPA and State program representatives are requiredto alert each other of proposed site activities,including site visits or inspections, press confer-ences, etc., and to ensure the involvement of theother party if necessary.

The State and EPA recognize and agree upon the need.for a simple, effective national system for compilingand maintaining Superfund program status data. Theparties agree to exchange Superfund program statusdata in a written or floppy disc form on at leasta monthly basis.

The parties will work together in identifying problemsand recommending solutions to the data exchange systemas necessary.

2. Non-Site Specific Documents

The EPA Chief of the SARA Special Sites Section andthe EPA Chief of the General Remedial Section arejointly responsible for providing DNREC's CERCLA

_ Branch Chief copies of all EPA guidance, policy,directives, regulations and laws that are relevant toSuperfund activities.

DNREC's Branch Chief is responsible for providing—the EPA with copies of all non-site specific Stateguidance, policy, regulations and laws that arerelevant to Superfund activities.

3. Community Relations

a) A wide variety of agencies and groups, includingcities, counties, affected citizens, nearby prop-erty owners, environmental groups, governmental

AR200U29

-7-

officials, and the media, must be informed andgiven meaningful opportunities for involvement inthe decision-making process during the investi-gation and cleanup of a site. The lead agencywith assistance of the support agency will beresponsible for preparation and implementation ofa community relations plan in accordance withCERCLA and the NCP.

The State and EPA will coordinate and will alwaysendeavor to speak from a unified position in deal-ing with the public,

b) The preparation of press releases and communi-cation with the media are normally the respon-sibility of the lead agency. Notification ofcommunity relations activities that the supportagency needs to be aware of is the responsibilityof the lead agency's RPM/ Community RelationsContact. To the extent possible, press releasesshould be scheduled in advance and be issuedjointly. The support agency will always be askedto comment prior to release, and copies of thefinal document will be provided. Press releaseswill acknowledge the support agency's role wheneverappropriate. Occasionally, the support agency mayneed to issue a press release. The above proce-dures will be followed when this is done*

c) The lead agency will normally chair all publicmeetings. The support agency is expected toattend or participate actively in all publicmeetings, where practicable, unless the RPMand SAC agree otherwise.

G- Removal Actions

1. Notification

EPA and the State will notify each other concerningtheir intent to conduct removal actions at sites assoon as possible after either Party determines suchaction is necessary* Notification on removal actionswill be the responsibility of the appropriate EPA-Assistant Branch Chief and DNREC's CERCLA BranchChief.

AR200U30

-8-

H. Enforcement

1. The parties agree as a matter of policy that qualifiedResponsible Parties (RPs) should be afforded the oppor-tunity and/or be required to undertake site responseactions in the first instance and that use of publicfunds to undertake response actions should be secondaryto securing RP commitments to conduct site cleanups.

2. The parties agree that all response actions undertakenby responsible parties should be authorized by a fullyexecuted administrative consent order or judicialconsent decree. A consent order is required for removalactions, performance of an RI/FS or other remedialstudy, including remedial design, or removal action; aconsent decree (to include a 30 day public commentperiod) will be required for remedial design/remedialactions. If consent is not reached with the RPs forremoval or remedial actions, the site will be consideredfor possible issuance of a unilateral orderby EPA, ora Fundfinanced response by EPA or the state.

3. Negotiations between the State and RPs for work to beperformed by RPs shall not exceed the moratoria speci-fied in Section 122 of CERCLA/SARA, with all work tobe turned over to the Fund, or be subject to a CERCLASection 106 referral, if negotiations are not successful

4. The parties may develop site-specific enforcementstrategy outlines with timeframes for each of thesites.

5. The parties agree that response action commitments/settlements reached with RPs will be set forth inenforceable documents. For the purposes of this SMOAthen, an enforcement document means an issued admini-strative order, and/or an executed consent order or-decree. Enforcement actions taken in response tononcompliance with enforcement documents will be timelyand pursued to resolution in accordance with applicableState or Federal laws, applicable policies and guide-lines and the terms of the particular enforcementdocument.

6. -The lead agency will be responsible for all Superfundcommunications with responsible parties. No supportagency communications on Superfund issues with RPswill be initated to the maximum extent possible with-out prior notice to the lead agency.

AR200U3

-9-

7. The lead agency will meet with the support agencyprior to the start of negotiations with RPs to discussgoals, starting points and bottom-line positions fornegotiations. This will ensure a united position.

8. The lead agency will provide a copy of draft and finalenforcement documents to the support agency technical

- and legal staff, prior to issuance to the RPs. Thesupport agency agrees to keep the enforcement documentsconfidential, in accordance with its laws regardingconfidentiality.

9. The lead agency may request assistance from the supportagency at any time during the enforcement/negotiationprocess. The support agency will provide requestedassistance to the maximum extent practicable.

10. EPA, with assistance from the state, will identify andnotify potentially responsible parties of removalactions, planned RI/FS and RD/RA activities and todetermine the willingness and ability of the poten-tially responsible parties to conduct such work. EPAwill also send an RD/RA notification letter to RPs atthe completion of an RI/FS, when appropriate.

11. When EPA is designated as the lead agency for anenforcement site, the State will be provided theopportunity to be a party to any enforcement documentin which it chooses to participate.

12. When the State is designated as lead agency for anenforcement site, EPA will have the opportunity toreview and concur on the State enforcement documentwith respect to CERCLA/SARA, the NCP and other appli-cable federal statutes, regulations and policies.

Federal Facilities

1. State Participation in Federal Facility Actions

EPA is obligated under SARA to execute an Inter-AgencyAgreement with Federal Facilities for Remedial Design/Remedial Action at all Federal Facility sites on the-NPL. It is the policy of the Region to negotiateXAGs for Remedial Investigations/Feasibility Studiesas well. EPA will immediately involve state personnelin preliminary negotiations and will provide theopportunity for DNREC to become a Party to the IAG.DNREC will have the opportunity to set forth provisions

-10-

in the IAG that would satisfy State requirements aswell, in addition, DNREC will have the opportunity toassume an oversight role and to be eligible for itsassociated costs as well as enforcing the agreementpursuant to citizen suit provisions under SARA. EPAwill assume all oversight responsibility when theState is not a party to the IAG or chooses to foregoits opportunity to conduct oversight activities.

2. Notification of state Involvement

The Chief of the SARA Special Sites Section will beresponsible for notifying the DNREC's Director andthe CERCLA Branch Chief for State involvement in IAGnegotiation. DNREC has the responsibility of respon-ding to EPA within 10 working days.

Processes To Be Defined

1- RI/FS and RD/RA Process

EPA shall notify DNREC's Director and CERCLA BranchChief of EPA-lead RI/FS and RD/RA negotiations to beinitiated in the State in accordance with 40 C.F.R.Part 29. Conversely, DNREC shall notify the appro-*priate EPA Branch Chief of State-lead RI/FS and RD/RAnegotiations.

2. ARARs/TBCs

A key component of the EPA/State partnership shall bethe communication of identified Federal and Stateapplicable or relevant and appropriate requirements(ARARs) and other criteria, guidance and advisories tobe considered (TBCs) on a site-specific basis. Thelead and support agency shall identify their respectiveARARs and TBCs and communicate them to each other in atimely manner, such that sufficient time is availablefor the lead agency to consider and incorporate allARARs and TBCs into the remedy selection process with-out inordinate delays and duplication of effort. Thelead agency is responsible for providing the supportingagency with sufficient information about the site andnature of the contamination as well as about the reme--dial alternatives being considered. Support agencyresponse to lead agency requests for ARARs/TBCs shallbe submitted in as detailed and comprehensive a manneras possible on a site-specific basis and in a timelyfashion, in accordance with Attachment II. The ARAR/TBC solicitation process will occur at the EPA Branch

-11-Chief/ DNREC Division Director level, and will requirea minimum of one written response from the supportagency. This documentation will be included in theadministrative record. The support agency's responseshall include, but not be limited to, a description ofeach ARAP/TBC the legal citation to each ARAR/TBC,either in a statute or regulation, and a discussion of3low the ARAR/TBC affects the site, and contemplatedresponse actions.

3. Administrative Record

The lead agency must compile and maintain the adminis-trative record upon which the selection of the remedialaction is based in accordance with EPA policy andprocedures. Therefore, DNREC win be responsible forthe compilation of the Record for state-lead sites,which will then be-located at DNREC's office and at ornear Lhe site. In addition, the State must submitcopies of the index, the RI/FS work plan, the RI/FSreleased for public comment, the proposed plan, aridany public comment received on the RI/FS and proposedplan to the Region III office, as they are added tothe Administrative Record File. In addition, otherdocuments may be requested by EPA on a case-by-casebasis. In compiling the Record, the Lead Agency shallcomply with Section 113 of CERCLA and subpart I of theNCP. EPA may require the retention ol other documentsfor cost recovery purposes.

I 4- Record of Decision

The lead agency will be responsible for developing therecommended alternative and subsequent Record ofDecision (ROD). In cases of State-lead sites, DNRECwill develop the document for approval by EPA andultimate signature by the EPA Regional Administratorand the DNREC Director,

K. Consultation. Agreement and Concurrence Processes

1- NPL Listing (Consultation)

The State shall be involved throughout the existing 30— -day review and comment on PA/SIs and draft and final

HRS scoring packages prior to site proposal. Thisprocedure allows for the State to develop a preferencefor assuming the lead for a particular site or sites.

-12-

2. Draft FS and Proposed Plan (Agreement)

At the conclusion of the Feasibility Study and priorto publication of the proposed plan, the lead agencyshall notify and consult with the support agencyregarding the recommendations. Disagreement overthe proposed recommendation shall be subject to theResolution of Disputes (Subparagraph M) of this

" agreement.

3. Support Agency Concurrence on Lead AgencyRecommended Remedy (Concurrence)

EPA and DNREC shall designate sites for which theSupport Agency shall concur and adopt the remedyrecommended. EPA will designate all State-leadEnforcement sites in Delaware for concurrence by EPAbut DNREC will be expected to maintain its leadagency status through the completion of the remedialaction. A minimum of 30 working days shall be providedfor concurrence.

4. NPL Deletion (Concurrence! .CERCLA requires EPA to obtain State concurrence priorto deletion of a site from the National PrioritiesList. EPA will solicit DNREC input prior to theinitiation of deletion and during the comment periodof a public notice advertising deletion. A minimumof 20 working days shall be provided for concurrence.

L- Support Agency Site-Specific Review/Oversight

Specific activity and turnaround time procedures for thesupport agency's response to specific documents are pro-vided in Attachment II. The activities/schedules will beadhered to unless otherwise specified or agreed to bythe parties in advance.

1. Review and Approval

Site work or next response process phase will notproceed until the support agency reviews and provideswritten approval within the agreed-upon schedule. If-comments are not received from the support agency in atimely fashion, the support agency waives its oppor-tunity for comment. In general, the support agencywill have 20 days to provide comments to the leadagency, unless otherwise specified.

flR200t+35

-13-

2. Review and Comment

Site work or next phase may proceed but lead agencyshould attempt to incorporate support agency comments(if any), as appropriate, into the site work. Shouldthe supporting agency comments not be incorporated,the lead agency shall send a written explanation tothe SAC outlining the reasoning.

3. Submission of.Information and Maintenance of SupportAgency Files _

All lead agency submittals to the support agency shallbe maintained in the support agency file to be tenta-tively part of the administrative record. This proce-dure may also be tied to maintenance of the EPA RegionalOffice copy of the Administrative Record.

M. Resolution of Disputes

In the event of disputes between EPA and DNREC concerningthe implementation of any procedures specified in thisSMOA or any site-specific response action dispute, theParties1 designated RPM/SACs will attempt to resolve suchdisputes promptly. If disputes cannot be resolved atthis level, the problem will be referred to the supervisorsof these persons for further EPA/ State consultation.This supervisory referral and resolution process willcontinue, if necessary, to the level of the Secretary ofthe Department of Natural Resources and EnvironmentalControl and the Regional Administrator, EPA, Region III.If agreement still cannot be reached, the dispute will bereferred to the Assistant Administrator for Solid Wasteand Emergency Response, who will attempt to arbitrate thedispute.

For the State of Delaware: For the Environmental ProtectionAgency, Region III:

Jo/De

_ ——— _ _ —— --

hn F. Wilsoii ^ f tf James M~/SeifDepartment of Natural Resources ^ Region i Administratorand Environmental Control

date date

,-<•<.* Yf"<Charles M . Oberly, I I I d a t eAttorney General

ATTACHMENT I

Delaware NPL Sites (as of Update 7)Lead Agency and Project Officers

F^daral Lead (Enforcement) EPA _ DNREC

Army Creak Landfill Newman CampCokers Sanitation TBD RamanDelaware City PVC Amador DiefenthaleDover AFB Hirsh RamanDover Gas Light TBD _ SmithDupont Newport ' Amador DiefenthaleHarvey and Knott TBD WehnerKent County Landfill Rzepski WehnerNew Ca^*le Steel TBD ChadwickPigeon i-oint Landfill Amador SmithSussex County Landfill Newman TBDTybouts Corner Landfill TBD DiefenthaleTyler Refrigeration TBD SmithSealand Feldstein Dewsbury

Federal Lead (Fund)

Halby Ostrauskas Diefent

Stata-Lead (Enforcement)

Standard Chlorine Connor WehnerNCR Connor WehnerNew Castle Spill Stilman ChadwickCh©m-Solv Dennis Dewsbury

State-L^ad (FundV

Palestine CampPalestini Barndt

AStACHMENT II

Coordination/Document Review

Type of Review/oversight Turnaround Timef rame

Item Reviewed _____ Activity _____ (Upon Receipt!

1. PA Reports Review/Contents 15 working days

2. SI Reports Review/Comments 30 working days

3. HRS Scoring Packages Review/Comments 30 working days

4, Enforcement documents Review/Comments 5 working days(drafts and finals) _

5. Draft SCW for EPA Review/Comment 5 working daysContracts

6. Draft RI/FS Wdrkplans Review/Ccranents 20 working days

7, Draft Cooperative Review/Comments 30 working daysAgreements

8. Draft RI/FS Workplans Review/Comments 10 working days1 RI Workplans1 sampling and analysisplans _

1 community relationsplans

' health and safetyplans

9. Final RI/FS Wor}qplan Review/Comments 5 working days

10. Final site Subnit for informationcharacterization and file maintenance

11. Draft AI5DR Health Review/Comments 10 working daysAssessments

12* Draft Ehdangerraent/RLsk view/Comments 30 working days

13* ARARS ~~ " Submit for information 20 working days

14. Final FS Phase I and Review/comments 30 working daysII Reports (Alternativesdevelopoent/screening)

- 2 -

15. Draft Treatability Review/Comments 30 working daysReports (additionalsit* characterizationinformation and bench/pilot studies)

16. Final Testability Review/Garment 5 working daysStudies

17, Draft RI/FS Reports Review/Ccranents 30 working days(including detailedanalysis of alter-natives) with statementof proposed plan

18. Final RI/FS Reports Review/Approve 10 working days

19. Draft Records of Review/Concurrence 15 working daysDecisions (RODS)

20, Final RODS SutxBit for informationand file maintenance

21. Press Releases Review/Cccnents 5 working days(throughout process)

22. Design Plans Review/Concurrenoe 45 working days

23. Treatability Studies Review/Concurrence 30 working days

24. Certification of Review/Concurrence 30 working dayscctrpletion

25. Notice of intent to Peview/Qsnoirrenoe 20 working daysdelete

flR20Qi*39

ATTACHMEOT III

EPA, RESIGN III

Superfund Organization

Stephen R. Wassersug, DirectorHazardous Waste Management Division

Bruce P. Smith/ Chief/ Hazardous Waste Enforcement BranchPeter W. Schaul, AssistantNeil R. Swanson/ Assistant

The Hazardous Waste Enforcement Branch is responsible forall compliance/enforcement activity associated with the RCRA and CERCLAprograms.

Laura A. Boomazian, Chief, DE/MD/VA/tJC/W Remedial Enforce-ment Section

Ihe EE/MD/VA/D/WV Remedial Enforcement Section is responsiblefor compliance/enforcement activities associated with, CEFCLA, Federal-leadNPL sites. Specifically, the Section:

(1) Performs responsible party searches at NPL sites withintheir area of geographic responsibility.

(2) Participates with the Superfund Branch in designatingRegional NPL sites as fund lead or enforcement lead sites.

(3) With the Office of Regional Counsel, conducts negotiationswith responsible parties (RPs) for taking the lead for the RI/FS, design andconstruction stages of remedial cleanup and formalizes agreements in the formof consent orders or consent decrees.

(4) Develops RI/FS strategies; workplans, negotiations decisiondocuments, and ERCtis for NPL sites designated as Federal lead enforcement.

Mary Letzkus, Chief, CSRCIA Removal Enforcement Section

The CEHCIA Removal Enforcement Section is responsible forccc lianoe/aiforoement activities associated with CERCIA removal projectsand cost recovery actions. Specifically, the Section:

(1) Develops cost recovery referral cases pursuant to Section107 of the CEfCIA for removal remedial projects, and provides litigation supportfor existing cases.

-2-

(2) With the Office of Regional Counsel, conducts negotiationswith RPs for taking the lead at sites identified by an OSC as requirir CERCLAremoval action.

(3) With the Office of Regional Counsel, pursues administrativeaction pursuant to Section 106 of CEECIA in conjunction with CERCLA removalactions.

(4) Monitors studies and cleanup for compliance with enforcementrelated conditions where RPs have taken the lead at removal sites.

Karen M. Wslper, Chief, SARA Special Sites Section

The Special Sites Section is responsible for compliance/enforce-ment activities associated with federal facilities and with State enforcementlead NPL sites. Specifically, the Section:

(1) Weeks for federal facilities in implementing the require-ments specified in Section 120 of the Superfund Amendments and ReauthorizationAct (SARA).

»(2) With the Office of Regional Counsel, negotiates with States

and moitors State activities in conjunction with NPL sites classified as Stateenforcement lead.

(3) Oversees, and participates in the development of RIFS strate-gies, wcrkplans and RCDs related to NPL sites that are State enforcement leadand federal facilities lead.

(4) Assists in performing responsible party searches related toState enforcement lead or federal facility lead sites.

(5) With the Office of Regional Counsel, develops cooperativeagreements with States as a requirement of their taking the enforcement leadfor a NPL site.

(6) With the Office of Regional Counsel, pursues complianceagreements with federal facilities for RIFS and RD/RA actions, and assistsStates in developing Mninistrative Orders for State enforcement lead sites.

AR200HI