HomeMy WebLinkAboutASCON Properties - 1989-05-15REQUES r FOR CITY COUNCIL ACTION
Date June 20, 1989
Submitted to: Honorable Mayor and City Council Members
Submitted by: Paul E. Cook, City Administrator
Prepared b Michael Adams, Director of Community Dev
p y� James W. Palin, Deputy City Administrators
Subject: ASCON LETTER OF UNDERSTANDING AI�)E}BOYSD BY rJTY'-GD CI:,
19-
Consistent with Council P� [ ] Yes [ ] New Policy orQE cep o -
LC3CITY CLERK
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: j
STATEMENT OF ISSUE:
Attached is a Letter of Understanding in which the City of
Huntington Beach agrees to the designation of the State Department
of Health Services (DHS) as "Lead Agency" for clean-up of the ASCON
site. This Letter of Understanding is a required condition of the
draft Enforceable Agreement between DHS and ASCON.
RECOMMENDATION•
Staff recommends that the City Council authorize the Mayor to sign
the Letter of Understanding and forward it, -to the DHS.
ANALYSIS•
On May 15, 1989, staff forwarded to the City Council a copy of the
draft Enforceable Agreement between ASCON and DHS. The Enforceable
Agreement designates DHS as Lead Agency for the site clean-up and
establishes the procedures and responsibilities for the clean-up
process. The City is not a signatore to the Agreement. The
Agreement does, however, require that the City submit a Letter of
Understanding to DHS agreeing to the designation of DHS as Lead
Agency. On May 15, 1989, the City Council directed that the Letter
of Understanding be prepared.
Prior to the May 15, 1989 Council meeting, staff also met with the
ASCON Ad -Hoc Committee to review the Enforceable Agreement with
them. The Ad -Hoc Committee was pleased that DHS had prepared the
Agreement, but was concerned that any public hearings related to
site clean-up should be held in Huntington Beach, rather than in any
DHS facilities out of town. In order to address that concern, staff
has added language to the Letter of Understanding requesting that
all public hearings be held in Huntington Beach.
FUNDING SOURCE:
No funds required.
Pin FURS
A
ALTERNATIVE ACTION:
The City Council may determine not to sign the Letter of
Understanding. By so doing the Council would be stating that they
do not agree with the designation of DHS as Lead Agency.
ATTACHMENTS:
1. Letter of Understanding
2. Draft Enforceable Agreement
MA: HS:lab
RCA 6/20/89 -2- (2940d)
OFFICE OF
CITY ATTORNEY
P. O. BOX 2740
2000 MAIN STREET
HUNTINGTON BEACH
CALIFORNIA 92647
GAIL HUTTON
City Attorney
May 31, 1989
State of California Health and
Welfare Agency
Department of Health Services
Toxic Substance Control Division
245 West Broadway, Suite 350
Long Beach, CA 90802
Attn: John E. Scandura
Chief Site Mitigation
Re: Enforcement Agreement with Ascon Landfill
21641 Magnolia Street, Huntington Beach, CA
Dear Mr. Scandura:
TELEPHONE
(714) 536.5555
This letter will serve as notification to your department that the
City of Huntington Beach has reviewed and concurs with the
department's draft Enforcement Agreement with Ascon Properties,
Inc.
The City specifically concurs with 1.3B and acknowledges that the
Department will be the lead agency.
The City does respectfully request that all public hearings be
held in Huntington Beach and will provide the facility for the
hearing.
Sincerely,
Wes Bannister
Mayor
in
�a r
Rtc f 3 QUEb
ilTV NG'j
f FOR CITY COUNCli-: ACTION
Date May 15, 1989
SubmittedHonorable Mayor and City Council Members
Submitted by: Paul E. Cook, City AdministratorC
Prepared by: Mike Adams, Director of Community Developmen
Subject: ASCON REMEDIATION ENFORCEABLE AGREEMENT (CONSENT
ORDER) AppgOVED "'Y CITY CC)UNGIL
191-1
Consistent with Council Policy? [ ] Yes [ ] New Policy or Ex ption
RRIC
Statement of Issue, Recommendation, Analysis, Funding Source, Altern n S.
STATEMENT OF ISSUE:
ASCON Properties and the State Department of Health Services (DHS)
have prepared a draft Enforceable Agreement which would designate
DHS as the lead agency for assuring site cleanup im compliance with
the requirements of the Hazardous Substance Act of the California
Health and Safety Code. Before ASCON and DHS enter into the
agreement, however, the City must defer to the state DHS as the lead
agency as set forth in a Letter of Understanding. The City will not
be required to sign the Enforcement Agreement, but merely concur
with it through the Letter of Understanding.
RECOMMENDATION:
Staff recommends that the City Council direct the City Attorney to
prepare the necessary Letter of Understanding for submittal to DHS
and inclusion by reference in the Enforceable Agreement.
ANALYSIS•
The designated Lead Agency for the ASCON site remediation will be
responsible for all determinations under CEQA and for assuring
compliance with the requirements of the Hazardous Substance Act.
Due to the technical expertise and staff time needed to fulfill this
role, there has been considerable debate over who should be the lead
agency. At various times the City, DHS, Regional Water Quality
Control Board and the South Coast Air Quality Management District
have each been suggested for the lead agency role.
After considerable negotiation between ASCON and DHS, the Department
of Health Services has prepared an Enforceable Agreement which will
designate themselves as the lead agency. The agreement would
further designate the City of Huntington Beach and the Regional
Water Quality Control Board as rsponsible�age'ncies. ASCON and DHS
are in full concurrance with the terms and"conAitions of the
agreement. The Regional Water Q-u_al ity;Con_troJoiBoard and the SCAQMD
are also in concurrance.
Plo 5/85
The Enforceable Agreement identifies the procedures which ASCON must
follow in remediation of the ASCON site. Those procedures include;
interim ground water monitoring, a Remedial Investigation and
Feasibility Study (RI/FS), and a Remedial Action Plan (RAP). The
agreement identifies the necessary components and procedures for
each of those studies and plans. The Agreement also requires the
designation of a Project Coordinator, a Project Engineer/Geologist,
Quarterly Summary Reports, Quality Control/Quality Assurance, Agency
Submittal Lists and numerous other terms and conditions. The
agreement also requires that ASCON pay all costs required for site
investigation and remedy by providing a letter of credit or
performance bond to DHS in the amount of $1 million.
In terms of compliance, enforcement and liability, the following
conditions will apply. If DHS determines that any submittal fails
to comply with the agreement, or otherwise fails to protect public
health or safety, DHS may modify the document, return the document
to ASCON for changes or make a determination of noncompliance
pursuant to the Health and Safety Code. Any determination by DHS
that activities are endangering health and welfare (whether or not
covered in the agreement) may result in a Stop Work Order and
endangerment abatement. ASCON may also be required to take further
actions beyond those contained in the agreement. Compliance with
the agreement will release ASCON from liability for any conditions
or claims for past, current or future operations on the site. The
agreement does not limit the ability of DHS to enforce matters not
covered in the agreement, or from taking actions authorized by law
to protect public health and safety.
Under the terms of the agreement all of the remediation documents
shall be submitted to DHS for review and approval. They must also
be submitted simultaneously to the City, the Regional Water Quality
Control Board and the State Superfund Program Manager. Although the
City will defer to the DHS for approval of those documents, the City
will be closely involved in their review. The City will also retain
the right to approve a Conditional Use permit for site clean-up
prior to remediation implementation.
At the present time, ASCON has already prepared some of the
documents required by the agreement. Principally, the Remedial
Investigation (Site Characterization) has been completed and is
being reviewed by DHS, Regional Water Quality Board and the City.
While the agreement will not require that this document be
resubmitted, it may require that additional information be submitted
as deemed necessary by DHS or any other reviewing agency. The
obvious next step for ASCON, under the terms of the agreement, will
be to begin ground water monitoring, and begin preparation of the
Remediation Feasibility Study. The Feasibility Study will identify
possible remediation strategies and their impacts and levels of
effectiveness. One strategy will then be selected and detailed in
the Remedial Action Plan. After approval of that document, and
approval of a Conditional Use Permit, site clean-up can begin.
RCA - 5/15/89 -2- (2632d)
Having reviewed the agreement and corresponded with the various
affected parties, staff feels that the City's interests are
adequately protected. The City Attorney has also reviewed that
agreement and found it to be acceptable. Staff is therefore
recommending that the City Council direct the City Attorney to
prepare a Letter of Understanding for submittal to DHS and inclusion
by reference in the Enforceable Agreement.
FUNDING SOURCE:
No funds required.
ALTERNATIVE ACTIONS:
The City Council may direct staff to relay concerns with specified
portions of the Enforceable Agreement to the DHS, prior to
preparation of the Letter of Understanding.
ATTACHMENTS:
1. Enforceable Agreement
PEC:MA:HS:lb
RCA - 5/15/89 -3- (2632d)
STATE OF CALIFORNIA
e, "3
Memorandum
To Mr. John Scandura, Chief r'' Date ; June 13, 1989
Site Mitigation Unit �j�z: ����,�
Toxic Substances Control'iv°isiolz4 1989 File
Department of Health Serve es
Long Beach, CA OF HUr1 I jV , Gf1 d�A� .
AU ISTRATIIif OFFICE
From CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD — SANTA ANA REGION
6809 INDIANA AVENUE, SUITE 200, RIVERSIDE, CALIFORNIA 92506
Telephone: ATSS 632-4130 (714) 782.4130
Subject: COMMENTS ON THE ASCON PROPERTIES, INC., DRAFT CONSENT AGREEMENT
We have reviewed the April 19, 1989 draft Consent Agreement
prepared by the Department of Health Services (DAIS) to implement
the Remedial Investigation/Feasibility Study (RI/FS) at the Ascon
Properties, Inc., site in Huntington Beach, California.
We appreciate this opportunity to provide the following comments
to the proposed agreement.
1) The role of the Regional Board .in reviewing and approving
submittals by the site owner must be clearly defined. The
document, as'written, may lead the site owner to believe that
only approval by DHS is necessary prior to commencing site
activities. We believe that a statement should be included
in the Agreement which declares that the Department shall not
.approve reports, workplans, or changes and modifications to
the operations at the site until input has been received from
the responsible agencies, including Regional Board staff.
The documents which.will require Regional Board staff review
and approval consist of the following:
• The RI/FS Workplan and its separate contents;
• The Remedial Investigation Report;
• The Feasibility Study Report;
• The Draft Remedial Action Plan; and,
• The Remedial Design and Implementation Plan.
In addition, the interim ground water monitoring measures
proposed by DHS must be reviewed and approved by this agency.
2) The Consent Agreement should note -that DHS will seek Regional
Board staff comment prior to. authorizing Ascon to discontinue,
move, or modify and or all of the remedial technologies that
may be implemented as part of site cleanup, as identified in
Section 3.4.6. of the agreement.
e�11 Tu
STATE OF CALIFORNIA
ONVI
HEALTH AND WELFARE AGENCY 'G'� FO(ZtDIST `! TiON
NOT rCCt D1j7iLt3TiCAl
DEPARTMENT OF HEALTH SERVIC
TOXIC SUBSTANCES CONTROL DIVISION
In the Matter of:
ASCON PROPERTIES, INC.
21641 Magnolia Street ) ENFORCEABLE AGREEMENT
Huntington Beach, CA )
Health & Safety Code,
Sections 205, 206 25355.5(a)(1)(B)
25355.5 (a) (1) (C) ,
25355.5(b) (3)
RECEIVE®
APR 2 01989
I. INTRODUCTION
Office of Zoning Administrator
1.1. Parties. The State Department of Health Services
(Department) executes this Enforceable Agreement (Agreement) with
Ascon Properties, Inc. (Ascon), a California corporation.
1.2. Site. The Site which is the subject of this
Agreement is located at 21641 Magnolia Street, Huntington Beach,
Orange County, California. A map of the Site is attached hereto,
entitled "Ascon Site Map" identified as Exhibit 1.
1.3. Jurisdiction and Lead Agency.
(a)_ This Agreement is executed by the Department,
with Ascon pursuant to its authority under
California Health and Safety Code Sections 205, 206, 25355.5
(a) (1) (B) and 25355.5 (a) (1) (C) , 25355.5 (b) (3) . Ascon
acknowledges the Department's jurisdiction and waives any right
it may have to a hearing or determination prior to entering into
this Agreement.
Page 1 of April 19, 1989
'ENFORCEABLE AGREEY T (DRAFT)
ASCON PROPERTIES, ...C.
(b) The Department will administer the
implementation of this Agreement as the "lead agency" for all
determinations under the California Environmental Oualitv Act
(CEOA) and in assuring compliance with the requirements of the
Hazardous Substance -..Act (California Health and Safety Code,
Chapter 6.8). Moreover, Ascon acknowledges the Department as
"lead agency" for purposes of coordination of other government
agencies' review of performance to this Agreement.
The City of Huntington Beach is a responsible agency
for the site and defers to the Department's "lead agency" role as
set forth in the Letter of Understanding, dated ,
1989, incorporated herein by this reference, labeled Addendum A,
consisting of pages. Likewise, the Regional Water Quality
Control Board (Santa Ana Region) is a responsble agency for the
site and defers to the Department's "lead agency" role as set
forth in the Letter of Undersanding, dated
1989. incorporated herein by this reference. labeled Addendum B.
consisting of pages.
1.4. Exhibits. All exhibits attached to this Agreement
are incorporated herein by this reference.
1.5. Purpose. In entering into this Agreement, it is the
objective of the parties to ensure that any release or threatened
release of a hazardous substance to the air, soil, surface water
and ground water at or from the Site is thoroughly investigated
and appropriate remedial actions are taken.
1.6. Denial of Liability. Ascon's consent to the issuance
of this Agreement shall not be construed as an admission .of any.
Page 2 of April 19, 1989
ENFORCEABLE AGREET_ r (DRAFT)
ASCON PROPERTIES, INC.
liability for the conditions at the Site as Ascon asserts that it
was not the owner of the Site during its pollution. Nothing in
this paragraph is intended or shall be construed to limit the
Department's right to enforce this Agreement through appropriate
proceedings against -any Party}dj�iyij�x}�/,i��ipi�l/��pijbx/,f�
Page 3 of April 19, 1989
ENFORCEABLE AGREEF (DRAFT)
ASCON PROPERTIES, !NC.
II. BACKGROUND
2. Ascon Properties, Inc., is the present owner of the
Site.
2.1.
Background and
History.
The
Site
began
operations
in 1938,
accepting brines
and
drilling
muds
from
crude oil
operations. In 1950, operations were expanded to include plating
acids, refinery byproducts and other industrial wastes for
disposal into pits and ponds on -site. Disposal of industrial
wastes ceased in 1971, but construction debris and fill material
was still disposed of over former waste pits. These activities
ceased in 1983, when the current owners took over operations.
The site now has 5 main waste ponds and an isolated pit
containing a tar -like substance, which has been the source of
several odor complaints from the local community. Because of
these complaints, Ascon was ordered by the Orange County Superior
Court to control the odors through an injunction issued by the
South Coast Air Quality Management District. Investigations of
the Site indicate that soil and ground water contamination exists
beneath the property.
2.2. Natureand Extent of Contamination. According to
Radian's report, the chemicals historically disposed of on -site
include chromic and sulfuric acids, aluminum slag, magnesium and
potassium chloride, fuel oils and oily wastes, mercaptans,
styrene, styrene tar, dion isostyrene monomer (sic), polyester
resin fractions, phenolic wastes, synthetic rubber, and
construction debris. Investigations conducted at the site reveal
Page 4 of April 19, 1989
ENFORCEABLE AGREEk 2 (DRAFT)
ASCON PROPERTIES, INC.
lead concentrations in soil as high as 2560 parts per million
(ppm), in addition to slightly lower concentrations of zinc,
barium and chromium. Contaminants found in ground water beneath
the Site include alkylated benzenes, polynuclear aromatic
hydrocarbons, styrene and toluene.
2.3. Pathways for Exposure. The Site has evaporation
ponds on -site which contain oily wastes. Ascon has indicated
that it would like to remove the oily wastes for recycling.
During such a removal operation, if approved by the Department,
volatile organic hydrocarbons, which may be present in the ponds,
could be released into the atmosphere unless adequate measures
are taken to prevent or control such a release. The Site also
has several pits which contain plating acids and other industrial
wastes. Disturbance of these pits may result in the release of
vapors or hazardous particulates into the atmosphere unless
adequate measures are taken to prevent or control such a release.
In addition, the chemicals described in paragraph 2.2, which were
disposed of on -site, may have migrated and may continue to
migrate into the ground water beneath and adjacent to the Site.
The Site is fenced; however, there is also a potential for direct
contact with contaminated soils by persons on -site.
Page 5 of April 19, 1989
ENFORCEABLE AGREED r (DRAFT)
AS,CON PROPERTIES, iiJC .
III. TERMS AND CONDITIONS-
3. IT IS HEREBY AGREED THAT Ascon will conduct the
following response activities in the manner specified herein and
in accordance with a schedule specified by the Department as
follows:
3.1 INTERIM MEASURES. Ascon shall begin interim ground
water monitoring in accordance with directions of the
Department's Project Officer, as described in part in that
document, consisting of one page, entitled "Ground Water
Monitoring for Ascon Landfill," identified as Exhibit 2, attached
hereto and incorporated.herein by reference.
3.2 REMEDIAL INVESTIGATION AND FEASIBILITY STUDY (RI/FS)
3.2.1. RI/FS Workplan Submission. Within 45 days of the
effective date of this Agreement, Ascon shall prepare and submit
to the Department for review and approval a detailed RI/FS
Workplan and implementation schedule which covers all the
activities necessary to conduct a complete remedial investigation
and feasibility study of the Site and any off -site areas where
there is a release or threatened release of hazardous substances
from the Site. The Workplan and activities under it shall, at a
minimum, be based on the Comprehensive Environmental Response,
Compensation.and Liability Act (CERCLA) (42 U.S.C. 9601 et sect.),
as amended, the National Contingency Plan (40 CFR Part 300), as
amended, and the U. S. Environmental Protection Agency's
"Guidance on Remedial Investigation under CERCLA," dated May 1985
Page 6 of April 19,. 1989
'ENFORCEABLE AGREEM" (DRA
ASCON PROPERTIES,
and "Guidance on Feasibility Studies under CERCLA," dated Ap
1985, as amended, as well as state laws and regulations,
amended. The RI/FS Workplan shall be designed to meet
objectives of paragraph 3.2.2 and shall, at a minimum, cover
of the elements described in section 3.2.3 of this Agreement.
3.2.2 RI/FS Objectives. The objectives of the RI/FS
to:
a. determine the nature and full extent of hazard
substance or hazardous waste contamination of a
soil, surface water and ground water -at the Site
contamination from the Site, including offsite az
affected by the Site;
b. identify all existing and potential migrat
pathways, including the direction, rate
dispersion of contaminant migration;
C. determine the magnitude and probability of actual
potential harm to public health, safety or welfarE
to the environment posed by the threatened or act
release of hazardous substances or wastes at or f
the Site;
d. identify and evaluate appropriate response measu
to prevent or minimize future releases and mitic
any releases which have already occurred; and
e. collect and evaluate the information necessaryi
prepare a Remedial Action Plan (RAP) in accords
with the requirements of Health and Safety
Section 25356.1.
Page 7 of April 19, 1
I '
ENFORCEABLE AGREEME"T (DRAFT)
ASCON PROPERTIES, INC.
3.2.3' RIFFS Workplan Contents. The RI/FS Workplan shall be
designed to meet the objectives in paragraph 3.2.2 of the Order
and shall cover, at a minimum, each of the following elements:
a. Project Management Plan. A Project Management Plan
which describes how the project will be managed by Ascon and its
contractors, subcontractors and consultants including an
organization chart with the names and titles of key personnel and
a description of their individual responsibilities;
b. Scoping Document. A Scoping Document which consists
of an evaluation of existing data and identification of the data
needs and investigation tasks for the RI/FS including, at a mini-
mum, the following information:
(1) A map and description of known site characteristics,
including topography, hydrogeology, buildings and structures and
all other characteristics relevant to an evaluation of hazardous
substance sources, pathways and receptors and potential impacts
on health and the environment;
(2) A description of hazardous substance characteristics
including:
(A) a list of all hazardous substances, materials or
hazardous wastes which were disposed, discharged, spilled,
treated, stored, transferred, transported, handled or used at the
Site and a description of their estimated volumes, concentrations
and characteristics;
(B) a description of all manufacturing processes which
are or were related to each hazardous substance, material or
waste.or which -produced any hazardous waste; and
Page 8 of April 19, 1989
ENFORCEABLE AGREEME (DRAFT)
ASCON PROPERTIES,. INC.
(C) past disposal practices;
(3) A summary of all existing data including air, soil,
surface water, and ground water data that has been previously
generated, and validation of this data;
(4) A description of the nature and extent of the release
and/or threatened release, including a summary of actual and
potential on -site and off -site health and environmental effects;
(5) A description of any previous response actions;
(6) An identification of the general types of response
actions which will be evaluated in the feasibility study;
(7) An identification of all data gaps;
(8) Recommendations for all additional work needed to
eliminate any data gaps.
(c) Sampling Plan. A Sampling Plan which describes the
activities which will be undertaken to develop a complete profile
of on -site and off -site air, soil, surface water and ground water
contamination attributable to operations at the Site including,
at a minimum, the following information:
(1) The objectives of the investigation;
(2) Identification of all chemical parameters which will
be analyzed or tested;
(3) A description of the types of samples which will be
taken;
(4)
A map showing
all
locations
which will be
sampled;
(5)
A description
of
the depth
and frequency
of sampling
at each location;
Page 9 of April 19, 1989
ENFORCEABLE AGREED.. ..T (DRAFT)
ASCON PROPERTIES, INC.
(6) The engineering specifications for all sampling
installations such as ground water monitoring wells, soil borings
and piezometers;
(7) Identification of all analytical procedures to be
used; and
(8) Provisions for obtaining access to and ,obtaining
samples from adjacent properties, where appropriate;
- (9) The rationale for the type, location, and frequency.
of sampling.
(d) Ouality Control/Quality Assurance (OA/QC) Plan. A
QA/QC Plan which describes the procedures for the collection,
identification, preservation and transport of samples, the cali-
bration and maintenance of instruments, and the processing,
verification, storage and reporting of data, and including chain
of custody procedures, identification of qualified person(s) con-
ducting the sampling and of a laboratory certified or approved by
the Department pursuant to Health and Safety Code Section 25198;
(e) Data Management Plan. A Data Management Plan which
describes how the data obtained pursuant to this Order will be
managed and preserved by Ascon in accordance with paragraph 3.16;
(f) Health and Safety Plan. A Site Health and Safety Plan
which describes the specific personnel, procedures and equipment
and covers all measures including contingency plans which will be
taken during field activities to protect the health and safety of
the workers at the Site, authorized representatives of the
Department, and the general public from exposure to hazardous
Page 10 of April 19, 1989
ENFORCEABLE AGREEM'
ASCON PROPERTIES, 11W.J.
wastes, substances or materials,
1910.120.
(DRAFT)
and complies with 29 CFR
(g) Public Health and Environmental Evaluation Plan. A
Public Health and Environmental Evaluation Plan which describes
how the magnitude and.probability of actual or potential harm to
public health and welfare and the environment by the threatened
and/or actual release of a hazardous substance or hazardous waste
will be determined and which describes the activities necessary
to accomplish this task including:
(1) an evaluation of the results of the site investiga-
tion showing the actual and potential amounts and concentrations
of hazardous substances or hazardous wastes in all relevant'
environmental media (air, water, soil, sediment and biota) at the
conclusion of the remedial investigation and projected in the
future;
(2) an assessment of the environmental fate and transport
mechanisms for each hazardous substance within the relevant
environmental media;
(3) identification of the hazardous and toxicological
properties and relevant human health and environmental standards
and criteria for the hazardous substance(s) found in the site
investigation;
(4) identification of all exposure pathways and the
extent of actual and/or potential exposure;
(5) identification of the population(s) at risk; and
(6) an evaluation of the extent of expected harm and the
likelihood of such harm occurring.
Page 11 of April 19, 1989
ENFORCEABLE AGREEN T (DRAFT)
ASCON PROPERTIES, __.C.
(h) Feasibility Study Plan. A Feasibility Study Plan
which describes how the Feasibility Study will identify, develop
and evaluate remedial action alternatives with respect to
technical, public health, environmental, institutional, and cost
considerations, and including, at a minimum, the following
information:
(1) A summary of the existing and potential hazards
for which corrective action may be required;
(2) A description of the alternative remedial actions
which will be evaluated;
(3) A list of the technologies which will be screened for
each alternative remedial action described in (2) above;
(4) A description of the public health, environmental and
cost factors and criteria which will be considered in screening
and analyzing each alternative remedial action technology,
including, but not limited to, effectiveness, reliability,
timeliness of implementation, unit cost, availability, operation
and maintenance costs and conformity with applicable laws and
regulations; and
(5) A description of all pilot studies, bench tests or
other activities which will be performed to evaluate each
alternative remedial action technology,
(6) A description of the federal and state environmental
and public health requirements to be considered in developing the
remedy.
(i) Other Activities. A description of any other
significant activities not already addressed in the RI/FS
Page 12 of April 19, 1989
ENFORCEABLE AGREEM (DRAFT)
ASCON PROPERTIES, 1"C.
Workplan and necessary to perform the RI/FS and submit the
Remedial Investigation Report and Feasibility Study Report in
compliance with paragraphs 3.2.4 and 3.2.5 of this Exhibit;
(j) Schedule. A schedule which provides specific time
frames and dates for completion of each activity and report
conducted or submitted under the RI/FS Workplan.
3.2.4. Remedial Investigation Report. The remedial inves-
tigation report shall be prepared and submitted by Ascon to the
Department for review and approval in accordance with the
approved RI/FS workplan schedule. The remedial investigation
report shall summarize the results of the remedial investigation
including reduction, presentation and interpretation of all data
and information generated and/or compiled during the remedial
investigation. The remedial investigation report shall cover the
following subjects relating to the site:
a. Introduction
1. Overview of Report
2. Site Background Information
3. Nature and Extent of Problem(s)
4. Remedial Investigation Summary
b. The Site Features Investigation
1. Demography
2. Land Use
3. Natural Resources
4. Climatology
C. Hazardous Substance Investigation
1. Waste Types
Page 13 of April 19, 1989
ENFORCEABLE AGREEM (DRAFT)
ASCON PROPERTIES, 1,,,C.
2. Waste Component Characteristics and Behavior
d. Hydrogeologic Investigation
1. Soils
2. Geology
3. Ground Water
e. Surface Water Investigation
1. Surface Water
2. Sediments
3. Flood Potential
4. Drainage
f. Air Investigation
g. Biota Investigation
1. Flora
2. Fauna
h. Public Health and Environmental Evaluation
1. Potential Receptors
2. Public Health Impacts
3. Environmental Impacts
3.2.5. Feasibility Study Report. The Feasibility Study
Report shall be prepared and submitted by respondent to the
Department for review and approval in accordance with the
approved RI/FS workplan schedule. The Feasibility Study Report
shall summarize the results of .the feasibility study including
reduction, presentation and interpretation of all data and
information generated and/or compiled during the feasibility
Page 14 of April 19, 1989
ENFORCEABLE AGREEM (DRAFT)
ASCON PROPERTIES, 1�C.
study. The feasibility study shall cover the following subjects
relating to the Site:
a. Description of Current Situation
1.
The Site Background Information
2.
Nature and Extent of Release
3.
Objective of Remedial Action(s)
b. Description
of Remedial Action Technologies
1.
Pilot Studies
2.
Bench Tests
C. Screening of Remedial Action Technologies
1.
Technical Criteria
2.
Remedial Action Alternatives Developed
3.
Environmental and Public Health Criteria
4.
Other Screening Criteria
5.
Cost Criteria
d. Analysis of Remedial Action Alternatives
1.
Technical Feasibility
2.
Environmental Evaluation
3.
Institutional Requirements
4.
Public Health Evaluation '
5.
Cost Analysis
e. Recommended Remedial Action.
3.2.6. RI/FS Workplan Implementation. Ascon shall
implement the RI/FS Workplan as approved by the Department in
accordance with the approved schedule.
Page 15 of April 19, 1989
ENFORCEABLE AGREEM, (DRAFT)
ASCON PROPERTIES, INC.
3.3. Community Relations Plan. Within 30 days of the
effective date of this Agreement, Ascon shall prepare and submit
for Department review and approval a community relations plan
which describes how the public and the adjoining community will
be kept informed of -activities conducted at the site, and which
ensures that the public is given an opportunity to participate in
the decision -making process. This plan must be prepared and
implemented in accordance with the document entitled: "Guidance
on Preparation of a Community Relations Plan," attached hereto,
incorporated herein by reference and identified as Exhibit 3.
Upon Department approval, Ascon shall implement the community
relations plan under the direction of the Department.
3.4. Remedial Action Plan ( RAP).
3.4.1 Draft Remedial Action Plan. Within 30 days after
Department approval of Remedial Investigation and the Feasibility
Study Report, Ascon shall prepare and submit to the Department
for review and approval a draft Remedial Action Plan which is
based on the approved Remedial Investigation and Feasibility
Study Reports. The draft RAP shall set forth in detail
appropriate steps to remedy air, soil, .surface water and ground
water contamination at the Site and adjacent areas. The RAP
shall be prepared in accordance with the standards and
requirements set forth in Health and Safety Code Section 25356.1.
In addition the RAP shall contain a schedule for implementation
of all proposed removal and remedial actions.
3.4.2
Preparation of
the Remedial Design
and Implementation
Plan (RD).
Within 90 days
after Department
approval of the final
Page 16 of April 19, 1989
ENFORCEABLE AGREEM: (DRAFT).
ASCON PROPERTIES, INC.
RAP in accordance with Health and Safety Code Section 25356.1,
Ascon shall submit to the Department for review and approval a
detailed Remedial Design and Implementation Plan containing
technical and operational plans and engineering designs -for
implementation of the approved remedial or removal action
alternative(s), and a schedule for implementing the construction
phase. The Workplan shall also describe the nature and design of
the. construction equipment to be employed, a site specific
hazardous waste transportation plan (if necessary), the identity
of any contractors, transporters And other persons conducting the
removal and remedial activities for the Site, post remedial
sampling and monitoring procedures for air, soil, surface water
and ground water, operation and maintenance procedures and
schedules, and shall cover all of the subjects described in
Exhibit 2 paragraphs 3.2.3 (a),(c),(d),(e),and (f) as they
pertain to the removal, remedial, and operation and maintenance
activities. The schedule submitted with the Workplan shall
provide that all approved removal or remedial actions excluding
operation and maintenance shall be completed by December 1990.
3.4.3. Implementation of Final RAP. Upon Department
approval of the RD Plan and schedule Ascon-shall implement the
final RAP as approved in accordance with the approved Remedial
Design and Implementation Plan and schedule.
3.4.4. Operation and Maintenance. Ascon shall be
responsible for all operation and maintenance requirements in
accordance with the final RAP and approved Remedial Design and
Implementation Workplan.
Page 17 of April 19, 1989
ENFORCEABLE AGREEM (DRAFT)
ASCON PROPERTIES, INC.
3.4.5. Chancres During Implementation. of the Final RAP.
During the implementation of the final RAP and Remedial Design
and Implementation Workplan, the Department may specify such
additions, modifications and revisions•to the Remedial Design and
Implementation Workp-lah as. it deems necessary to protect public
health and safety or the environment or to implement the RAP.
3.4.6. Discontinuation of Remedial Technology. Any
remedial technology employed in implementation of the final RAP
shall be left in place and operated by Ascon until and except to
the extent that the Department authorizes Ascon in writing to
discontinue, move or modify some or all of the remedial
technology because Ascon has met the criteria specified in the
final RAP for its discontinuance or because the modifications
would better achieve the goals of the final RAP.
3.5. Project Coordinator. Within 15 days of the effective
date of this Agreement, Ascon shall submit to the Department in
writing the name, address and telephone number of a Project
Coordinator whose responsibilities will be to receive all
notices, comments, approvals and other communications from the
Department to Ascon.
3.6. Project Engineer Geologist. The work performed
pursuant to this Agreement shall be under the direction and
supervision of a qualified professional engineer or a registered
geologist in the State of California with expertise in hazardous
waste site cleanup. Within ten (10) calendar days of the
effective date of this Agreement, Ascon must submit: a) the name
and address of the project engineer or geologist chosen by Ascon;
Page 18 of April 19, 1989
'ENFORCEABLE AGREEM- T (DRAFT)
ASCON PROPERTIES,
and (b) in order to demonstrate expertise in hazardous waste
cleanup, the resume of the engineer or geologist and the
statement of qualifications of the consulting firm responsible
for the work.
3.7. Ouarterly Summary Reports. Within 90 days of the
effective date of this Agreement and quarterly thereafter, Ascon
shall submit a Quarterly Summary Report of its activities under
the provisions of this Agreement. The report shall describe:
a) specific actions taken by or on behalf of Ascon during the
previous calendar quarter, b) actions expected to be undertaken
during the current calendar quarter, c) all planned activities
for next quarter, any requirements under this Agreement that were
not completed and any problems or anticipated problems in
complying with this Agreement; and d) all results of sample
analyses, tests and other data generated or received by Ascon
under this Agreement. The Quarterly Summary Report shall be
received by the Department by the 15th day of the first month
after each quarter ends.
3.8. Quality Control/Quality Assurance. All sampling and
analysis conducted by Ascon under this Agreement shall be
performed in accordance with quality control/quality assurance
procedures submitted by Ascon and approved by the Department
pursuant to this Agreement.
3.9. Submittals. All submittals and notifications from
Ascon required by this Agreement shall be sent simultaneously to:
John J. Kearns, Regional Chief
Region 4 (Long Beach)
Toxic Substances Control Division
Page 19 of April 19, 1989
ENFORCEABLE AGREEM.
ASC:ON PROPERTIES., INC.
(DRAFT)
Attention: Ascon Project Officer
Department of Health Services
245 West Broadway, Room 160
Long Beach, CA 908.02
Mr. James Bennett
Executive Officer
Regional Water Quality Control Board
Santa Ana Region
6809 Indiana Avenue, Suite 200
Riverside, CA 92506
EPA Region IX
Attn: Superfund Program Manager
Superfund Program Branch, T-4
215 Fremont St..
San Francisco,_CA 94105
James W. Palin, Director
Department of Development Services
City of Huntington Beach
P. O. Box 190
Huntington Beach, CA 92648
3.10. Communications. All approvals and decisions of the
Department made regarding submittals and notifications will be
communicated to Ascon in writing by the Section Chief, Toxic
Substances Control Division, Department of Health Services or
his/her designee. No informal advice, guidance, suggestions or
comments by the Department regarding reports, plans,
specifications, schedules or any other writings by Ascon shall be
construed to relieve Ascon of the obligation to obtain such
formal approvals as may be required.
3.11. Department Review and Approval. The Department will
exercise wood faith in expeditina the review Drocess of Ascon's
submittals. Should,/ 7Y the Department determineq( that any
report, plan, schedule or other document submitted for approval
fails to comply with this Agreement or fails to protect public
health or safety or the environment, the Department may:
Page 20 of April 19, 1989
'ENFORCEABLE AGREEI T (DRAFT)
ASCON PROPERTIES, jOC. -
a) modify the document as deemed necessary. and
approve the document as modified or; b) return the document to
Ascon with recommended changes and a date by which Ascon must
submit to the Department a revised document incorporating the
recommended changes --or; c) in cases where the document fails to
comply with this Agreement, make a determination of noncompliance
pursuant to Health and Safety Code Section 25355.5(a)(2).
3.12. Compliance with Applicable Laws. Ascon shall carry
out this Agreement in compliance with all applicable State and
Federal requirements, including, but not limited to, requirements
to obtain permits and to assure worker safety.
3.13. Endangerment During Implementation. In the event
that the Department determines that any circumstances or
activities (whether or not pursued in compliance with this
Agreement) are creating an imminent or substantial endangerment
to the health or safety of people on the site or in the
surrounding area or to the environment, the Department may order
Ascon to stop further implementation of this Agreement for such
period of time as needed to abate the endangerment. Any deadline
in this Agreement directly affected by a Stop Work Order under
this section shall be extended for the term of the Stop Work
Order. Notwithstanding compliance with the terms of this
Agreement, Ascon may be required to take further actions as are
necessary to protect public health and the environment.
3.14. Liability. Except as may be necessary to protect
public health and safety or the environment, or as otherwise
required by law, the Department will not seek to pursue any
Page 21 of April 19, 1989
ENFORCEABLE AGREEMPVT (DRAFT)
ASCON PROPERTIES, :.
, alternative means of enforcement of those items which are the
subject of this Agreement, unless. it has first exhausted all
remedies available to it under this Agreement; as such,
compliance with this Agreement shall constitute satisfaction and
release from liability for any conditions or claims past, current
or future operations of Ascon at this site. This shall not be
construed as a waiver of any right or authority which the
Department may have as to matters which are not wholly and
expressly within the scope of or enforceable pursuant to the
terms of this Agreement.
XM6AW-Y AfAe /Ayiy /¢36yidX-X36yi$ /0X` /¢XAX;6$ /0,tX$Xnqj /A$ /A /X0-$)dXY- /36,f
160$y-,� /¢ktX;t0-3iY /0;t /3616t6X`AY-X0f;6 /of /A$¢of/ Nothing in this
Agreement is intended or shall be construed to limit the rights
of any of the parties with respect to claims arising out of or
relating to the deposit or disposal at any other location of
substances removed from the Site. Nothing in this Agreement is
intended or shall be construed to limit or preclude the
Department from taking any action authorized by law to protect
public health or safety or the environment and recovering the
cost thereof.
3.15. Site Access. Access to the Site and laboratories
used for analyses of samples under this Agreement shall be
provided at all reasonable times to employees, contractors and
consultants of the Department. Nothing in this paragraph is
Page 22 of April 19, 1989
ENFORCEABLE AGREEM--'T (DRAFT)
ASCON PROPERTIES,
intended or shall be construed to limit in any way the right of
entry or inspection that the Department or any other agency may
otherwise have by operation of any law. The Department and its
authorized representatives shall have the authority to enter and
move freely about all property at the Site at all reasonable
times for purposes including, but not limited to: inspecting
records, operating logs, sampling and analytic data, and
contracts relating to this site; reviewing the progress of Ascon
in carrying out the terms of this Agreement; conducting such
tests as the Department may deem necessary; and verifying the
data submitted to the Department by Ascon.
3.16. Sampling Data and Document Availability. Ascon
shall permit the Department and its authorized representatives to
inspect and;copy all sampling, testing, monitoring or other data
generated by Ascon or on Ascon's behalf in any way pertaining to
work undertaken pursuant to this Agreement. Ascon shall inform
the Department at least 5 days in advance of all field sampling
under this Agreement and shall allow the Department and its
authorized representatives to take duplicates of any samples
collected by Ascon pursuant to this Agreement. Ascon shall
maintain a central depository of the data, reports, and other
documents prepared pursuant to this Agreement. All such data,
reports and other documents shall be preserved by Ascon for a
minimum of six years after the conclusion of all activities under
this Agreement. If the Department requests that some or all of
these documents be preserved for a longer period of time, Ascon
shall either comply with that request or deliver the documents to
Page 23 of April 19, 1989
ENFORCEABLE AGREEI r (DRAFT)
ASCON PROPERTIES., INC.
the Department, or permit the Department to copy the documents
prior to destruction. Ascon shall notify the Department in
writing at least six months prior to destroying any documents
prepared pursuant to this Agreement.
3.17. Government Liabilities. The State of California
shall not be liable for any injuries or damages to persons or
property resulting from acts or omissions by Ascon, or related
parties specified in paragraph 3.26 in carrying out activities
pursuant to this Agreement, nor shall the State of California be
held as party to any contract entered into by Ascon or its agents
in carrying out activities pursuant to this Agreement.
3.18. Additional Enforcement Actions. By issuance of this
Agreement, the Department does not waivethe right to take any
further enforcement actions should Ascon not be in compliance
with all provisions set forth in this Agreement.
3.19. Incorporation of Plans and Reports. All plans,
schedules, reports, specifications and other documents that
require Department approval and are submitted by Ascon pursuant
to this Agreement are incorporated in this Agreement upon
approval by the Department and shall be implemented by Ascon as
approved. Any noncompliance with such documents shall be a
noncompliance with this Agreement.
3.20. Extension Requests. If Ascon is unable to perform
any activity or submit any document within the time required
under this Agreement, Ascon may, prior to expiration of the time,
request an extension of the time in writing. The extension
request shall include a justification for the delay. All such
Page 24 of April 19, 1989
ENFORCEABLE AGREEL .T (DRAFT)
'ASCON PROPERTIES, INC.
requests shall be in advance of the date on which the activity or
document is due.
3.21. Extension Approvals. If the Department determines
that good cause exists for an extension it will grant the request
and specify in writing a new schedule. Ascon shall comply with
the new schedule.
3.22. Cost Recovery. In addition to liability for
oversight costs, failure or refusal of Ascon
PA,tXY to comply with this Agreement may make Ascon 0)) /)Vvj
X0$j636)4$ j6Xj6 /l6?x°Y_Y liable for any governmental costs incurred,
including those payable from the Hazardous Substance Account or
the Hazardous Substance Cleanup Fund for any response action at
the Site, as provided in Section 25360 of the Health and Safety
Code and other applicable provisions of law. Cost recovery may
also be pursued by the Department under CERCLA.
3.23. Severability. The requirements of this Agreement are
severable, and Ascon shall comply with each and every provision
hereof notwithstanding the effectiveness of any other provision.
3.24. Modifications. Ascon may by written request seek
modification, termination or revision of this Agreement or any
portion of this Agreement or any. program or plan submitted
pursuant to this Agreement at any time. This Agreement and any
applicable program, plan, or schedule may be modified, terminated
or revised by mutual written agreement of the parties at any
time. Any modification to this Agreement shall be effective upon
issuance and deemed incorporated in this Agreement. In addition,
the Department reserves the right to take additional enforcement,
Page 25 of April 19, 1989
ENFORCEABLE AGREEI 'T (DRAFT)
ASCON PROPERTIES, -,4C.
action including issuing new or additional orders as provided by
law.
3.25. Time Periods. Unless otherwise specified, time
periods begin from the effective date of this Agreement and
"days" means calendar days. The effective date of this Agreement
is the date of issuance by the Department.
3.26. Parties Bound. This. Agreement applies to and is
binding upon Ascon, and its officers, directors, agents,
employees, contractors, consultants, receivers, trustees,
successors and assignees, including but not limited to,
individuals, partners, and subsidiary and parent corporations and
upon any successor agency of the State of- California that may
have responsibility for and jurisdiction over the subject matter
of this Agreement. This Section does not in itself impose
liability on any person except to the extent of the Mowers and
duties of that person's office, employment, or agency within or
for the Ascon or the State.
3.27. Financial Responsibility. Ascon agrees to pay all
costs required to, investigate and remedy all releases or
threatened releases of hazardous substances at or from the site
to air, soil, surface water and/or ground water, including
offsite areas affected by the site as set forth in the approved
RI/FS Workplan and final RAP. To insure such performance Ascon
shall provide proof of financial responsibility which may be in
the form of a letter of credit in favor of the Department and on
terms approved by the Department. The letter of credit or
performance bond shall be in the amount of $1 million and shall
Page 26 of April 19, 1989
ENFORCEABLE AGREEN"`TT (DRAFT)
ASCON PROPERTIES, 1C.
be provided to the Department prior to the commencement of any
work at the site.
In the alternative, Ascon may provide whatever proof of financial
responsibility as may be determined by the Department to
adequately protect the interests of the State. Such proof may be
shown by a Declaration of Trust (Trust Fund), corporate guarantee
bond, a performance bond, or any other financial security
determined adequate by the Department. In this regard, the
procedure authorized in section 4.1 of this Agreement shall be
followed.
3.28. Payments for Department Oversight.
3.28.1.Past Costs. Within 30 days of the effective date of
this Agreement, Ascon.shall pay to the Department the full amount
necessary to reimburse the Department for its past costs
related to the site and prior to the effective date. Ascon will
be provided with the Department's standard detailed statements
(e.g., Summary of Expenditures, etc.) of such claims, and any
updates of those statements.
3.28.2.Future Costs. Ascon shall pay all costs of the
Department's review of activities by Ascon
(pS�l/¢`/`¢X�(¢�1/j�¢/j�pijC¢/j�¢¢t¢pij� pursuant to a cost and expense
statement providedyi�
j(9j,t¢¢pS¢y1¢ on and after the effective date of this agreement.
�piX/jCyi¢xyt�l¢,� These statements may include direct contractor and
administrative overhead costs, and costs incurred between the
date specified for past costs in paragraph 3.28.1 and the
Page 27 of April 19, 1989
ENFORCEABLE AGREEMENT (DRAFT)
ASCON PROPERTIES, INC.
effective date of this Agreement.'�i/���(`X�tpijC/,��CXt�(j!/pi�fj!
X,/9�3�f�X`X�1�/¢��,�/Y�XXX/f�/,$X /➢�XXXXf�}�/ The parties acknowledge
that this cost estimate may change. If the Department determines
that a revision of --the oversight cost estimate is necessary or
appropriate the Department will provide Ascon with a revised cost
estimate and the reasons for the revisions.
3.28.3.Advance Payments. Within 30 days of the effective
date of this Agreement Ascon shall pay the Department $100,000 to
fund the Department's estimated costs under paragraph 3.28.2 for
one year beginning on the date specified in that paragraph. The
Department may draw against the advanced funds for its oversight
costs after furnishing to Asconstatements detailing
any changes to this fund during the period. If the project is
not expected to be completed within one year, or if the advanced
funds reach a level of one-third or less of the one, year advance
payment, the Department will submit to Ascon a statement
estimating its oversight costs for the next year. Within 10 days
of receipt of a statement Ascon may request a meeting with the
Department to discuss the statement. Ascon shall pay the
additional advance cost estimate within 30 days of receipt of the
Department's statement.
3.28.4.Certification of Completion. Within 120 days of the
Department's certification that Remedial Action at the Site has
been completed, the Department will return all unexpended advance
funds to Ascon. If Ascon is found in noncompliance -with this
Consent Agreement by the Department, the Department may use any
remaining advance funds for investigation, removal or remedial
Page 28 of April 19, 1989
ENFORCEABLE AGREEL-_dT (DRAFT)
ASCON PROPERTIES, INC.
action at the Site in addition to its rights under paragraph
3.22.
3.29. Representative Authority. Each undersigned
representative of the parties to this Agreement will certify that
he or she is fully authorized to enter into the terms and
conditions of this Enforceable Agreement and to execute and
legally bind the parties to this document.
IV. ADDITIONAL PROVISIONS
4.1. Costs of Remedial Action. Ascon will retain a
qualified At /#g general _ contractor/ 1,YAyig¢X I�Oyf$YX)doyXo f /¢o//
X&I /,(Xgyi9joX`Y /fdX /$l4¢)1 /Asy-�igt /Ag?(XXfX0p1 /)tsd3iY-)�g3dXAX /9;9 /A gy which
shall first be approved by the Department. The contractor will,
prior to commencement of any Site work, establish proof of
financial responsibility in accordance with Section X1717 3.27 of
this Agreement.
A990OX /169099AY- /Y-s6 /A 1 AAAAA' 6X► /,6,f //-p Y 114§V4AWM /A?Y//#'e
A6I69,tY-A 0YiY-1 ///I'XAA 1 AAAAAWA61i /X5,t //gV34 //WY4
09009AY-W XY /OXNXO)� /Y-O /y-)4jKy- /idid¢ldA 0-AY/ /00YW O-Piii /idif /Y-0-}i I X 7-pY
1699W,< /A Ad //'%4WIIVV4`Y�W-syV.Y9'n//9(fIITX) $Y-I'//A)dAA;tAtAAd//As
IT)40 /N-¢X9X` U36A /of /,T"$X /0977 /160YAW /Y36 /Y-XA /Ogy-O COY-07i /361f
Y*0 /Y)R1691-'1XA AAY-A1 /Mdgy- /Y-X991-1;E9AA$ /90 /9YAXXANO /Y-36 /169Y /foX` /AXX
00$90l of /I�X`RI��X` X�3� /oX /9 /JR000-3 XAX /AOXXOY1 /?XAA I X MPr/ /XA0,1 df 09
Page 29 of April 19, 1989
r -ENFORCEABLE AGREEMF" ' (DRAFT)
ASCON PROPERTIES, 1
¢9sgY_)9 /XYI3634,tXAA /)6y /,$la�f��i�f�X`��- �X` /R 4�X Yi /fC36XI6/i /0Jt /0A34i /0XPi0X
All contract work shall be performed in accordance with
contractor requirements specified in SB 2575 and 29 CFR 1910.
4.2. Costs of Site Cleanup. Ascon shall pay all costs of
cleanup of the Ascon Landfill Site in accordance with a Remedial
Action Plan prepared in accordance with Section 3.4 of this
Agreement and approved by the Department.
4.3. Costs of Site Monitoring. Ascon shall deposit, no
later than thirty days after the date of execution of this
Agreementkik(�S/�x,�/x���, $100, 000 in a Trust Fund, pursuant to
a Declaration of Trust approved by the Department. This
Declaration of Trust shall be in a form substantially similar to
that document, consisting of ten (10) pages, entitled "Model
Declaration of Trust," identified as Exhibit 4, attached hereto
and incorporated herein by reference. The Declaration of Trust
shall provide to the satisfaction of the Department that trust
funds are available to pay for all costs of oversight and
monitoring by the Department or its agents. The Declaration of
Trust shall provide that whenever the Trust Fund is depleted
below a balance of $25,000, that Ascon shall deposit monies to
restore that Trust Fund balance to $100,000 within 5 days of
notice of such depletion.
APPROVED AS TO FORM:
Page 30 of April 19, 1989
+ ENFORCEABLE AGREE' -TT
ASCON PROPERTIES, _4C. '
David K. Henderson
Health Services Counsel
Toxic Substances Control Division
Department of Health Services
EXECUTION
(DRAFT)
I hereby execute of the foregoing Enforceable Agreement and
consent to its terms and conditions on behalf of Ascon Landfill,
Inc., and warrant that I am currently authorized to make this
execution pursuant to a duly prepared Resolution of the Board of
Directors, a copy of which is attached hereto.
Executed
California.
, 1989, at
By:
ASCON PROPERTIES, INC.
John Lindsay
(Title)
Page 31 of
April 19, 1989
V2C4L::iDLL' Hlsl(r+l'+Pll.ly 1
.MWPPIOPERTIES, INC.
9
hereby execute the foregoing Enforcea)Jle-Agreement a, consent
its terms and conditions on behalf of the California
epartment of Health Services and warrant that I am currently
authorized to make this execution pursuant to a duly prepared
delegation, a copy of.which is attached hereto.
Executed
, 19802, at Sacramento, California.
DEPARTMENT OF HEALTH SERVICES
By:
Alex R. Cunningham
Chief Deputy Director
Toxic Substances Control Division
Department of Health Services
Page 32 of April 19, 1989