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Making the Program Faster, Fairer, and More Efficient (Continued)
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STEPS FOR ENFORCEMENT AT SUPERFUND SITES
(continued from previous page)
| NEGOTIATION SUCCESSFUL? |
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YES.... Consent Decree and PRP Cleanup Response When negotiations are successful, EPA and the PRPs enter into a Consent Decree setting forth the cleanup requirements.
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NO.... Issue UAO If settlement negotiations fail, EPA may issue a Unilateral Administrative Order (UAO) to force liable parties to conduct the response action.
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Enforcement at the Avtex Fibers site:
NEGOTIATION UNSUCCESSFUL: In October 1989, EPA issued a Unilateral Administrative Order (UAO) requiring Avtex to undertake a PCB Removal Action and evaluate the site to address releases that could pose a potential threat. Due to bankruptcy, Avtex was unable to carry out any response actions. In February 1990, a second UAO was issued, requiring FMC Corporation to operate the waste water treatment plant to protect the Shenendoah River. A third UAO issued in October 1991 required FMC to provide potable water to residents. |
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| COMPLIANCE? |
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YES.... PRP Response The PRPs comply with the UAO and finance response activities.
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NO.... Initiate Other Enforcement Options If the PRPs do not comply with the UAO, the Government has a number of options including:
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Enforcement at the Avtex Fibers site:
PRP DID COMPLY: In May 1992, EPA entered into an Administrative Order on Consent (AOC) to ensure safe and effective removal of plant assets, including 44 million pounds of equipment and scrap metal. A second AOC was entered into in March 1993 by EPA and FMC to perform a Remedial Investigation and Feasibility Study for portions of the site. A Consent Decree was proposed on July 9, 1999, requiring FMC to pay $9.1 million for past and interim response costs incurred by EPA at the Avtex site. In addition, FMC would perform future work at the site (est. $62.7 million) and pay for EPA oversight of the cleanup. Finally, FMC would oversee and participate in the removal of abandoned onsite buildings and structures. |
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