Settlement Agreement and Order On Consent
Settlement Agreement and Order On Consent
Settlement Agreement and Order On Consent
___________________________________
)
IN THE MATTER OF: ) U.S. EPA Docket No. 2019-13
)
Omega Chemical )
Superfund Site )
)
Whittier, California )
)
Proceeding under Section 122(g)(4) )
of the Comprehensive Environmental ) ADMINISTRATIVE SETTLEMENT
Response, Compensation, and ) AGREEMENT AND ORDER ON
Liability Act, 42 U.S.C. § 9622(g)(4) ) CONSENT
___________________________________ )
TABLE OF CONTENTS
I. JURISDICTION ................................................................................................................. 1
II. PARTIES BOUND ............................................................................................................. 1
III. STATEMENT OF PURPOSE ............................................................................................ 1
IV. DEFINITIONS.................................................................................................................... 2
V. STATEMENT OF FACTS ................................................................................................. 4
VI. DETERMINATIONS ......................................................................................................... 6
VII. PAYMENT ......................................................................................................................... 7
VIII. FAILURE TO MAKE PAYMENT .................................................................................... 9
IX. CERTIFICATION OF RESPONDENTS AND SETTLING FEDERAL AGENCY......... 9
X. COVENANTS BY UNITED STATES .............................................................................. 9
XI. RESERVATIONS OF RIGHTS BY UNITED STATES ................................................. 10
XII. COVENANTS BY RESPONDENTS AND SETTLING FEDERAL AGENCY ............ 11
XIII. EFFECT OF SETTLEMENT/CONTRIBUTION ............................................................ 12
XIV. INTEGRATION/APPENDICES ...................................................................................... 13
XV. PUBLIC COMMENT ....................................................................................................... 14
XVI. ATTORNEY GENERAL APPROVAL ........................................................................... 14
XVII. EFFECTIVE DATE .......................................................................................................... 14
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I. JURISDICTION
1. This Administrative Settlement Agreement and Order on Consent (“Settlement
Agreement”) is issued pursuant to the authority vested in the President of the United
States by Section 122(g)(4) of the Comprehensive Environmental Response,
Compensation, and Liability Act (“CERCLA”), 42 U.S.C. § 9622(g)(4), to reach
settlements in actions under Section 106 or 107 of CERCLA, 42 U.S.C. §§ 9606 or 9607.
The authority vested in the President has been delegated to the Administrator of the U.S.
Environmental Protection Agency (“EPA”) by Executive Order 12580, 52 Fed. Reg.
2923 (Jan. 29, 1987), and further delegated to the Regional Administrators of EPA by
EPA Delegation No. 14-14-E (De Minimis Settlements). The Regional Administrator for
Region IX, through Regional Delegation R9-1200 TN 2018-01, dated May 9, 2018,
redelegated the authority to the division director, deputy director, and branch chiefs or
equivalent of the Superfund Division.
2. This Settlement Agreement is issued to the persons, corporations, or other entities
identified in Appendix A (“Respondents”) and to the United States Postal Service
(“Settling Federal Agency”). Each Respondent and the Settling Federal Agency agrees to
undertake all actions required by this Settlement Agreement. Each Respondent and the
Settling Federal Agency further consents to and will not contest EPA’s jurisdiction to
issue this Settlement Agreement or to implement or enforce its terms.
3. EPA, Respondents, and the Settling Federal Agency agree that the actions undertaken by
Respondents and the Settling Federal Agency in accordance with this Settlement
Agreement do not constitute an admission of any liability by any Respondent or the
Settling Federal Agency. Respondents and the Settling Federal Agency do not admit, and
retain the right to controvert in any subsequent proceedings other than proceedings to
implement or enforce this Settlement Agreement, the validity of the Statement of Facts or
Determinations contained in Sections V and VI, respectively, of this Settlement
Agreement.
II. PARTIES BOUND
4. This Settlement Agreement shall apply to and be binding upon EPA, the United States on
behalf of the Settling Federal Agency, and upon Respondents and their heirs, successors
and assigns. Any change in ownership or corporate or other legal status of a Respondent,
including but not limited to, any transfer of assets or real or personal property, shall in no
way alter such Respondent’s responsibilities under this Settlement Agreement. Each
signatory to this Settlement Agreement certifies that he or she is authorized to enter into
the terms and conditions of this Settlement Agreement and to execute and bind legally the
party represented by him or her.
III. STATEMENT OF PURPOSE
5. By entering into this Settlement Agreement, the mutual objectives of the Parties are:
a. to reach a final settlement among the Parties with respect to the Site pursuant to
Section 122(g) of CERCLA, 42 U.S.C. § 9622(g), that allows Respondents and the
Settling Federal Agency to make a cash payment, including a premium, to resolve
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their alleged civil liability under Sections 106 and 107 of CERCLA, 42 U.S.C. §§
9606 and 9607, for injunctive relief with regard to the Site and for response costs
incurred and to be incurred at or in connection with the Site, thereby reducing
litigation relating to the Site;
b. to simplify any remaining administrative and judicial enforcement activities
concerning the Site by eliminating a substantial number of potentially responsible
parties from further involvement at the Site; and
c. to obtain settlement with Respondents and the Settling Federal Agency for their
fair share of response costs incurred and to be incurred at or in connection with the
Site by the EPA Hazardous Substance Superfund, and by other persons, and to
provide for full and complete contribution protection for Respondents and the Settling
Federal Agency with regard to the Site pursuant to Sections 113(f)(2) and 122(g)(5)
of CERCLA, 42 U.S.C. §§ 9613(f)(2) and 9622(g)(5), or as otherwise may be
provided by law.
IV. DEFINITIONS
6. Unless otherwise expressly provided in this Settlement Agreement, terms used in this
Settlement Agreement that are defined in CERCLA or in regulations promulgated under
CERCLA shall have the meanings assigned to them in CERCLA or in such regulations.
Whenever terms listed below are used in this Settlement Agreement or in any appendix
attached hereto, the following definitions shall apply:
“CERCLA” shall mean the Comprehensive Environmental Response, Compensation,
and Liability Act, 42 U.S.C. §§ 9601-9675.
“Day” or “day” shall mean a calendar day. In computing any period of time under
this Settlement Agreement, where the last day would fall on a Saturday, Sunday, or
federal or State holiday, the period shall run until the close of business of the next
working day.
“DTSC” shall mean the California Department of Toxic Substances Control.
“Effective Date” shall mean the effective date of this Settlement Agreement as
provided by Section XVII.
“EPA” shall mean the U.S. Environmental Protection Agency and its successor
departments, agencies, or instrumentalities.
“EPA Hazardous Substance Superfund” shall mean the Hazardous Substance
Superfund established by the Internal Revenue Code, 26 U.S.C. § 9507.
“Interest” shall mean interest at the rate specified for interest on investments of the
EPA Hazardous Substance Superfund established by 26 U.S.C. § 9507, compounded
annually on October 1 of each year, in accordance with 42 U.S.C. § 9607(a). The
applicable rate of interest shall be the rate in effect at the time the interest accrues.
The rate of interest is subject to change on October 1 of each year. Rates are
available online at https://www.epa.gov/superfund/superfund-interest-rates.
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“LARWQCB” shall mean the Los Angeles Regional Water Quality Control Board,
one of nine semiautonomous boards that coordinate with the Californian State Water
Resources Control Board to implement state and federal water pollution control
efforts.
“National Contingency Plan” or “NCP” shall mean the National Oil and Hazardous
Substances Pollution Contingency Plan promulgated pursuant to Section 105 of
CERCLA, 42 U.S.C. § 9605, codified at 40 C.F.R. Part 300, and any amendments
thereto.
“Omega Chemical Facility” shall mean the property at 12504 and 12512 East
Whittier Boulevard, Whittier, California, Los Angeles County, historically used for
operations by the former Omega Chemical Corporation (“OCC”) and Omega
Refrigerant Reclamation Company (“ORRC”).
“Omega Chemical Superfund Site Special Account” shall mean the special account,
within the EPA Hazardous Substance Superfund, established for the Site by EPA
pursuant to Section 122(b)(3) of CERCLA, 42 U.S.C. § 9622(b)(3).
“Paragraph” shall mean a portion of this Settlement Agreement identified by an
Arabic numeral or an upper or lower case letter.
“Parties” shall mean EPA, Respondents, and Settling Federal Agencies.
“RCRA” shall mean the Solid Waste Disposal Act, 42 U.S.C. §§ 6901-6992 (also
known as the Resource Conservation and Recovery Act).
“Respondents” shall mean those persons, corporations, or other entities listed in
Appendix A.
“Section” shall mean a portion of this Settlement Agreement identified by a Roman
numeral.
“Settlement Agreement” shall mean this Administrative Settlement Agreement and
Order on Consent and all appendices attached hereto. In the event of conflict
between this Settlement Agreement and any appendix, the Settlement Agreement
shall control.
“Settling Federal Agency” shall mean the United States Postal Service and its
successor departments, agencies, or instrumentalities.
“Site” shall mean the Omega Chemical Superfund Site, which includes
contamination at the Omega Chemical Facility and its immediate vicinity as well as a
plume of contaminated groundwater that extends approximately four-and-one-half
miles downgradient from the Omega Chemical Facility. The Site is generally shown
on the maps attached as Appendix B.
“State” shall mean the State of California.
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“United States” shall mean the United States of America, and each department,
agency, and instrumentality of the United States, including EPA and the Settling
Federal Agency.
V. STATEMENT OF FACTS
7. The Omega Chemical Superfund Site is located in Los Angeles County, California. The
Site consists of three operable units (“OUs”): OU-1 includes the vadose zone soils and
shallow groundwater contamination at the former Omega Chemical Facility and in its
immediate vicinity; OU-2 is the groundwater contamination outside and generally
downgradient of OU-1; OU-3 consists of indoor air contamination at buildings located in
the immediate vicinity of the Omega Chemical Facility.
8. From approximately 1976 to 1991, OCC and ORRC operated a used solvent and
refrigerant recycling, reformulation, and treatment facility at the Omega Chemical
Facility. These businesses primarily handled chlorinated solvents such as degreasing and
dry-cleaning chemicals and refrigerants.
9. Beginning in the 1980s, DTSC inspected the Omega Chemical Facility numerous times
and issued it several notices of violations. In January 1995, EPA inspectors observed
approximately 3,000 drums at the Omega Chemical Facility in various stages of
deterioration, many of which were corroded and leaking. Leaking substances were
migrating to other portions of the property and offsite, and numerous hazardous
substances were identified in soil and groundwater beneath the Omega Chemical Facility.
10. Hazardous substances have been or are threatened to be released from the Omega
Chemical Facility to groundwater at the Site. Hazardous substances at the Site include,
but are not limited to: Tetrachloroethene ("PCE"); Trichloroethene ("TCE"); Freon
11; Freon 113; 1,1-Dichloroethene; Cis-1,2-Dichloroethene; Trans-1,2-
Dichloroethene;1,1-Dichloroethane; 1,2-Dichloroethane; 1,1,1-Trichloroethane;
1,1,2,2-Tetrachloroethane; Carbon Tetrachloride; Methylene Chloride; Vinyl Chloride;
Benzene; MTBE; Aluminum; Chromium; Selenium; Perchlorate; Chloroform; Acetone;
Chlordane; Lindane; BHC (alpha, beta gamma combined); and Heptachlor Epoxide.
Hazardous substances found at the Site are commingled.
11. Through sampling, EPA established that hazardous substances released at the Omega
Chemical Facility are present in the plume of contaminated groundwater underneath
and downgradient from the Omega Chemical Facility.
12. Available data indicates that the plume of groundwater contamination at OU-2 extends
approximately four-and-one-half miles downgradient of the Omega Chemical Facility. As
part of its groundwater investigation, EPA identified additional source areas that have
released hazardous substances that have commingled with the OU-2 contamination that
was released from the Omega Chemical Facility. Nine source areas downgradient of the
Omega Chemical Facility are, or have been, conducting cleanup under the oversight of
DTSC or LARWQCB.
13. In September 1998, EPA proposed the Site for listing on the National Priorities List
(''NPL"). On January 19, 1999, pursuant to Section 105 of CERCLA, 42 U.S.C. § 9605,
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EPA placed the Omega Site on the NPL, as set forth at 40 C.F.R. Part 300, Appendix B.
(64 Fed. Reg. 2950).
14. On May 9, 1995, EPA issued a Unilateral Administrative Order (“UAO”) to OCC, its
President, Dennis O’Meara, and to generators that sent at least ten tons of hazardous
substances to the Omega Chemical Facility. The UAO required various actions on or near
the Omega Chemical Facility, including the removal of containers, the decommissioning
of certain equipment, and an investigation of soil and groundwater contamination.
Approximately 147 potentially responsible parties (“PRPs”) performed work under the
UAO, as amended in September 1995.
15. In a consent decree, entered by the U.S. District Court in 2001, certain PRPs agreed to
perform a removal action addressing groundwater and a remedial investigation and
feasibility study addressing soil in the OU-1 area. The removal action involved
installation of a groundwater extraction and treatment system to contain contaminated
groundwater in the OU-1 area. The extraction and treatment system began operation on
June 7, 2009.
16. In 2005, EPA entered into an administrative de minimis settlement with 171 parties that
sent between three and ten tons of hazardous substances to the Omega Chemical Facility.
In 2006, EPA settled with twelve parties deemed to have limited ability to pay response
costs associated with the Site. Of those twelve parties, eleven had sent more than ten tons
of waste to the Omega Chemical Facility and one had sent between seven and ten tons.
17. EPA issued a ROD on September 30, 2008, selecting a remedial action for soil cleanup at
OU-1. The remedy consists of a soil vapor extraction (“SVE”) system to remove and treat
chemicals in OU-1 soils. A series of SVE wells pull the contaminant vapors out of the
soil and into a granular activated carbon filter for treatment. In a consent decree, entered
by the District Court in 2010, PRPs agreed to perform the OU-1 soils remedy.
18. In 2009, EPA entered into an agreement with PRPs to address indoor air contamination
caused by vapor intrusion into buildings. Under the agreement, the PRPs installed an
interim SVE system and a sub-slab depressurization system, and are taking other
measures to address vapor intrusion at buildings in the OU-1 area. PRPs continue to
monitor indoor air in several buildings.
19. EPA issued a second ROD on September 20, 2011, selecting a remedial action for a
portion of the groundwater cleanup at OU-2. The remedy includes installation of
groundwater extraction wells, construction of groundwater treatment facilities,
institutional controls to protect the integrity of the remedy, and monitoring wells. In a
consent decree, entered by the District Court in 2017, certain PRPs agreed to perform the
OU-2 groundwater remedy by performing cleanup in the upper two-thirds of the lateral
extent of the OU-2 plume.
20. In performing and overseeing the implementation of these response actions, EPA has
incurred and will continue to incur response costs at or in connection with the Site. As of
April 30, 2019, EPA has incurred more than $42 million in costs at the Site. EPA has
recovered more than $27 million from PRPs through consent decrees entered in 2001,
2010, and 2017 and through administrative orders in 1995, 2006 and 2009.
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21. Each Respondent listed on Appendix A and the Settling Federal Agency arranged for
disposal or treatment, or arranged with a transporter for transport for disposal or
treatment, of a hazardous substance owned or possessed by such Respondent or such
Settling Federal Agency, by any other person or entity, at the Site, or accepted a
hazardous substance for transport to the Site that was selected by such Respondent or
such Settling Federal Agency.
22. Most of the cleanup work described above has been paid for by parties that sent more
than ten tons of waste to the Omega Chemical Facility or that owned and/or operated
other facilities at the Site. Parties that sent three to ten tons of waste have also funded
portions of the work through the 2005 de minimis settlement. This Settlement Agreement
concerns parties that sent one to three tons of waste to the Omega Chemical Facility.
23. EPA obtained copies of hazardous waste manifests describing the wastes sent to the
Omega Chemical Facility. The manifests generally list the generator name, waste
description, receiving facility, shipment date, and quantity shipped. The manifests
indicate that each Respondent and the Settling Federal Agency sent between one and
three tons of waste solvents or other chemicals to Omega Chemical Facility between
1976 and 1991. The hazardous substances contributed by each Respondent and by the
Settling Federal Agency to the Site are not significantly more toxic or of significantly
greater hazardous effect than other hazardous substances at the Site.
24. EPA estimates that the total response costs incurred and to be incurred at or in connection
with the Site by the EPA Hazardous Substance Superfund and by other persons is $346
million. The payment required by each Respondent and by the Settling Federal Agency
pursuant to this Settlement Agreement is a minor portion of this total amount.
VI. DETERMINATIONS
25. Based upon the Statement of Facts set forth above and on the administrative record for
this Site, EPA has determined that:
a. The Omega Chemical Superfund Site is a “facility” as that term is defined in
Section 101(9) of CERCLA, 42 U.S.C. § 9601(9).
b. Each Respondent and the Settling Federal Agency is a “person” as that term is
defined in Section 101(21) of CERCLA, 42 U.S.C. § 9601(21).
c. Each Respondent and the Settling Federal Agency is a “potentially responsible
party” within the meaning of Section 122(g)(1) of CERCLA, 42 U.S.C. § 9622(g)(1).
d. There has been an actual or threatened “release” of a “hazardous substance” from
the Site as those terms are defined in Section 101(22) and (14) of CERCLA,
42 U.S.C. § 9601(22) and (14).
e. The actual or threatened “release” caused the incurrence of response costs.
f. Prompt settlement with each Respondent and the Settling Federal Agency is
practicable and in the public interest within the meaning of Section 122(g)(1) of
CERCLA, 42 U.S.C. § 9622(g)(1).
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g. As to each Respondent and the Settling Federal Agency, this Settlement
Agreement involves only a minor portion of the response costs at the Site within the
meaning of Section 122(g)(1) of CERCLA, 42 U.S.C. § 9622(g)(1).
h. The amount of hazardous substances contributed to the Site by each Respondent
and the Settling Federal Agency, and the toxic or other hazardous effects of the
hazardous substances contributed to the Site by each Respondent and the Settling
Federal Agency are minimal in comparison to other hazardous substances at the Site
within the meaning of Section 122(g)(1)(A) of CERCLA, 42 U.S.C. § 9622(g)(1)(A).
26. Based upon the administrative record for the Site and the Statement of Facts and
Determinations set forth above, and in consideration of the promises and covenants set
forth in this Settlement Agreement, the following is hereby AGREED TO AND
ORDERED:
VII. PAYMENT
27. Within 30 days after the Effective Date, each Respondent shall pay to EPA the amount
set forth in Appendix A to this Settlement Agreement for such Respondent.
28. Each Respondent’s payment includes an amount for: (a) past response costs incurred at or
in connection with the Site; (b) projected future response costs to be incurred at or in
connection with the Site; and (c) a premium to cover the risks and uncertainties avoided
by participating in this settlement, including but not limited to, the risk that total response
costs incurred or to be incurred at or in connection with the Site by the EPA Hazardous
Substance Superfund, or by any other person, will exceed the estimated total response
costs upon which Respondents’ payments are based.
29. Each Respondent shall make payment to EPA by Fedwire Electronic Funds Transfer to:
Federal Reserve Bank of New York
ABA = 021030004
Account = 68010727
SWIFT address = FRNYUS33
33 Liberty Street
New York, NY 10045
Field Tag 4200 of the Fedwire message should read “D 68010727
Environmental Protection Agency”
Each Respondent’s payment shall reference Site/Spill ID Number 09BC and the EPA
docket number for this action.
Or for online payment:
Each Respondent may make payment online at https://pay.gov to the U.S. EPA account
in accordance with payment instructions provided to Respondents by EPA.
30. Deposit of Payment. The total amount to be paid by Respondents pursuant to Paragraph
27 shall be deposited by EPA in the Omega Chemical Superfund Site Special Account to
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be retained and used to conduct or finance response actions at or in connection with the
Site, or to be transferred by EPA to the EPA Hazardous Substance Superfund.
31. Notice of Payment. At the time of payment, each Respondent shall send notice that such
payment has been made to: (a) EPA; and (b) the EPA Cincinnati Finance Center (“CFC”)
by email or regular mail at:
EPA by email: [email protected]
EPA by regular mail: Wayne Praskins
EPA Remedial Project Manager
U.S. Environmental Protection Agency
Region 9
75 Hawthorne Street, SFD-7-3
San Francisco, California 94105
EPA CFC by email: [email protected]
EPA CFC by regular mail: EPA Cincinnati Finance Office
26 W. Martin Luther King Drive
Cincinnati, Ohio 45268
Such notice shall reference Site/Spill ID Number 09BC and the EPA docket number for
this action.
32. As soon as reasonably practicable after the Effective Date, the United States, on behalf of
the Settling Federal Agency, shall:
a. Payment to EPA.
(1) Pay to EPA the amount set forth in Appendix A to this Settlement
Agreement for the Settling Federal Agency. The Settling Federal Agency’s
payment includes an amount for: (1) past response costs incurred at or in
connection with the Site; (2) projected future response costs to be incurred at
or in connection with the Site; and (3) a premium to cover the risks and
uncertainties avoided by participating in this settlement, including but not
limited to, the risk that total response costs incurred or to be incurred at or in
connection with the Site by the EPA Hazardous Substance Superfund, or by
any other person, will exceed the estimated total response costs upon which
the Settling Federal Agency’s payments are based.
(2) The total amount to be paid by the Settling Federal Agency
pursuant to Paragraph 32(a)(1) shall be deposited by EPA in the Omega
Chemical Superfund Site Special Account to be retained and used to conduct
or finance response actions at or in connection with the Site, or to be
transferred by EPA to the EPA Hazardous Substance Superfund.
b. Interest. In the event that payment required by Paragraph 32.a(1) is not made
within 120 days after the Effective Date, the United States, on behalf of the Settling
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Federal Agency, shall pay Interest on the unpaid balance, commencing on the 121st
day after the Effective Date and accruing through the date of the payment.
VIII. FAILURE TO MAKE PAYMENT
33. If any Respondent fails to make full payment within the time required by Paragraph 27,
that Respondent shall pay Interest on the unpaid balance, which shall accrue from the
Effective Date until the date of payment. In addition, if any Respondent fails to make full
payment as required by Paragraph 27, the United States may, in addition to any other
available remedies or sanctions, bring an action against that Respondent seeking
injunctive relief to compel payment and/or seeking civil penalties under Section 122(l) of
CERCLA, 42 U.S.C. § 9622(l), for failure to make timely payment.
IX. CERTIFICATION OF RESPONDENTS AND SETTLING FEDERAL AGENCY
34. By signing this Settlement Agreement, each Respondent certifies, individually, that, to
the best of its knowledge and belief, it:
a. has conducted a thorough, comprehensive, good faith search for documents, and
has fully and accurately disclosed to EPA, all information currently in its possession,
or in the possession of its officers, directors, employees, contractors or agents, that
relates in any way to the ownership, operation, or control of the Site, or to the
ownership, possession, generation, treatment, transportation, storage, or disposal of a
hazardous substance, pollutant, or contaminant at or in connection with the Site;
b. has not altered, mutilated, discarded, destroyed, or otherwise disposed of any
records, reports, documents, or other information (including records, reports,
documents, or other information in electronic form) (other than identical copies)
relating to its potential liability regarding the Site since notification of potential
liability by the United States or the State; and
c. has and will comply fully with any and all EPA and State requests for information
regarding the Site pursuant to Sections 104(e), 122(e)(3)(B), and 122(g)(8) of
CERCLA, 42 U.S.C. §§ 9604(e), 9622(e)(3)(B), and 9622(g)(8), and Section 3007 of
RCRA, 42 U.S.C. § 6927, and State law.
35. The United States acknowledges that the Settling Federal Agency (a) is subject to all
applicable Federal record retention laws, regulations, and policies; and (b) has certified
that it has fully complied with any and all EPA and State requests for information
regarding the Site pursuant to Sections 104(e), 122(e)(3)(B), and 122(g)(8) of CERCLA,
42 U.S.C. §§ 9604(e), 9622(e)(3)(B), 9622(g)(8), and Section 3007 of RCRA, 42 U.S.C.
§ 6927, and state law.
X. COVENANTS BY UNITED STATES
36. Covenants for Respondents. Except as specifically provided in Section XI (Reservations
of Rights by United States), the United States covenants not to sue or take administrative
action against any of the Respondents pursuant to Sections 106 or 107 of CERCLA, 42
U.S.C. §§ 9606 or 9607, relating to the Site. With respect to present and future liability,
these covenants shall take effect for each Respondent upon the Effective Date. With
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respect to each Respondent, individually, these covenants are conditioned upon: (a) the
satisfactory performance by Respondent of all obligations under this Settlement
Agreement; and (b) the veracity and completeness of the information provided to EPA by
Respondent relating to Respondent’s involvement with the Site. These covenants extend
only to Respondents and do not extend to any other person.
37. Covenant for Settling Federal Agencies. Except as specifically provided in Section XI
(Reservations of Rights by United States), EPA covenants not to take administrative
action against the Settling Federal Agency pursuant to Sections 106 or 107 of CERCLA,
42 U.S.C. §§ 9606 or 9607, relating to the Site. With respect to present and future
liability, this covenant shall take effect for the Settling Federal Agency upon the Effective
Date. With respect to the Settling Federal Agency, individually, this covenant is
conditioned upon: (a) the satisfactory performance by the Settling Federal Agency of all
obligations under this Settlement Agreement; and (b) the veracity and completeness of
the information provided to EPA by the Settling Federal Agency relating to the Settling
Federal Agency’s involvement with the Site. This covenant extends only to Settling
Federal Agency and does not extend to any other person.”
XI. RESERVATIONS OF RIGHTS BY UNITED STATES
38. The United States reserves, and this Settlement Agreement is without prejudice to, all
rights against Respondents, and EPA and the federal natural resource trustees reserve,
and this Settlement Agreement is without prejudice to, all rights against the Settling
Federal Agency, with respect to all matters not expressly included within Section X
(Covenants by United States). Notwithstanding any other provision of this Settlement
Agreement, the United States reserves all rights against Respondents, and EPA and the
federal natural resource trustees reserve, and this Settlement Agreement is without
prejudice to, all rights against the Settling Federal Agency, with respect to:
a. liability for failure to meet a requirement of this Settlement Agreement;
b. criminal liability;
c. liability for damages for injury to, destruction of, or loss of natural resources, and
for the costs of any natural resource damage assessments;
d. liability based on the ownership or operation by Respondents or the Settling
Federal Agency of any property or area within the Site where a hazardous substance
has been deposited, stored, disposed of, placed, or otherwise come to be located;
e. liability based on Respondents’ or the Settling Federal Agency’s transportation,
treatment, storage, or disposal, or arrangement for transportation, treatment, storage,
or disposal, of a hazardous substance or a solid waste at or in connection with the
Site, after signature of this Settlement Agreement by Respondents or the Settling
Federal Agency; and
f. liability for costs incurred at the Site by the Agency for Toxic Substances and
Disease Registry.
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39. Notwithstanding any other provision in this Settlement Agreement, the United States
reserves, and this Settlement Agreement is without prejudice to, the right to institute
judicial or administrative proceedings against any individual Respondent seeking to
compel that Respondent, and EPA reserves, and this Settlement Agreement is without
prejudice to, the right to issue an administrative order to the Settling Federal Agency, to
perform response actions relating to the Site, and/or to reimburse the United States for
additional costs of response, if information is discovered that indicates that such
Respondent or the Settling Federal Agency contributed more than three tons of hazardous
substances to the Site or that the hazardous substances contributed were of such greater
toxic or other hazardous effects that such Respondent or the Settling Federal Agency no
longer qualifies as a de minimis party at the Site.
XII. COVENANTS BY RESPONDENTS AND SETTLING FEDERAL AGENCY
40. Covenants by Respondents.
a. Respondents covenant not to sue and agree not to assert any claims or causes of
action against the United States or its contractors or employees with respect to the
Site and this Settlement Agreement including, but not limited to:
(1) any direct or indirect claim for reimbursement from the EPA
Hazardous Substance Superfund based on Sections 106(b)(2), 107, 111, 112,
or 113 of CERCLA, 42 U.S.C. §§ 9606(b)(2), 9607, 9611, 9612, or 9613, or
any other provision of law;
(2) any claim arising out of response actions at or in connection with
the Site, including any claim under the United States Constitution, the
Constitution of the State of California, the Tucker Act, 28 U.S.C. § 1491, the
Equal Access to Justice Act, 28 U.S.C. § 2412, or at common law; and
(3) any claim pursuant to Sections 107 and 113 of CERCLA,
42 U.S.C. §§ 9607 and 9613, Section 7002(a) of RCRA, 42 U.S.C. § 6972(a),
or State law regarding the Site.
b. Except as provided in Paragraph 43 (waiver of claims) and Paragraph 48 (waiver
of claim-splitting defenses), these covenants not to sue shall not apply in the event the
United States brings a cause of action or issues an order pursuant to any of the
reservations set forth in Section XI (Reservations of Rights by United States), other
than in Paragraph 38.a (liability for failure to meet a requirement of the Settlement
Agreement) or 38.b (criminal liability), but only to the extent that Respondents’
claims arise from the same response action, response costs, or damages that the
United States is seeking pursuant to the applicable reservation.
41. Covenant by Settling Federal Agencies. The Settling Federal Agency agrees not to assert
any direct or indirect claim for reimbursement from the EPA Hazardous Substance
Superfund through CERCLA §§ 106(b)(2), 107, 111, 112, 113 or any other provision of
law with respect to the Site and this Settlement Agreement. This covenant does not
preclude demand for reimbursement from the Superfund of costs incurred by the Settling
11
Federal Agency in the performance of its duties (other than pursuant to this Settlement
Agreement) as lead or support agency under the NCP.
42. Nothing in this Settlement Agreement shall be deemed to constitute preauthorization or
approval of a claim within the meaning of Section 111 of CERCLA, 42 U.S.C. § 9611, or
40 C.F.R. § 300.700(d).
43. Respondents agree not to assert any claims and to waive all claims or causes of action
(including but not limited to claims or causes of action under Section 107(a) or 113 of
CERCLA) that they may have for response costs relating to the Site against each other or
any other person who is a potentially responsible party under CERCLA at the Site. This
waiver shall not apply with respect to any defense, claim, or cause of action that a
Respondent may have against any person if such person asserts a claim or cause of action
relating to the Site against such Respondent.
XIII. EFFECT OF SETTLEMENT/CONTRIBUTION
44. Except as provided in Paragraph 43 (waiver of claims), nothing in this Settlement
Agreement shall be construed to create any rights in, or grant any cause of action to, any
person not a Party to this Settlement Agreement. Except as provided in Section XII
(Covenants by Respondents and the Settling Federal Agency), each of the Parties
expressly reserves any and all rights (including, but not limited to, pursuant to Section
113 of CERCLA, 42 U.S.C. § 9613), defenses, claims, demands, and causes of action that
each Party may have with respect to any matter, transaction, or occurrence relating in any
way to the Site against any person not a Party hereto. Nothing in this Settlement
Agreement diminishes the right of the United States, pursuant to Section 113(f)(2) and
(3) of CERCLA, 42 U.S.C. § 9613(f)(2)-(3), to pursue any such persons to obtain
additional response costs or response action and to enter into settlements that give rise to
contribution protection pursuant to Section 113(f)(2).
45. The Parties agree that this Settlement Agreement constitutes an administrative settlement
pursuant to which each Respondent and the Settling Federal Agency has, as of the
Effective Date, resolved liability to the United States within the meaning of Sections
113(f)(2) and 122(g)(5) of CERCLA, 42 U.S.C. §§ 9613(f)(2) and 9622(g)(5), and is
entitled, as of the Effective Date, to protection from contribution actions or claims as
provided by Sections 113(f)(2) and 122(g)(5) of CERCLA, or as may be otherwise
provided by law, for the “matters addressed” in this Settlement Agreement. The “matters
addressed” in this Settlement Agreement are all response actions taken or to be taken and
all response costs incurred or to be incurred, at or in connection with the Site, by the
United States or any other person; provided, however, that if the United States exercises
rights under the reservations in Section XI (Reservations of Rights by United States),
other than in Paragraph 38.a (liability for failure to meet a requirement of the Agreement)
or 38.b (criminal liability), the “matters addressed” in this Settlement Agreement will no
longer include those response costs or response actions that are within the scope of the
exercised reservation.
46. The Parties further agree that this Settlement Agreement constitutes an administrative
settlement pursuant to which each Respondent and the Settling Federal Agency has, as of
12
the Effective Date, resolved liability to the United States within the meaning of Section
113(f)(3)(B) of CERCLA, 42 U.S.C. § 9613(f)(3)(B ).
47. Each Respondent shall, with respect to any suit or claim brought by it for matters related
to this Settlement Agreement, notify EPA in writing no later than 60 days prior to the
initiation of such suit or claim. Each Respondent shall, with respect to any suit or claim
brought against it for matters related to this Settlement Agreement, notify EPA in writing
within 10 days after service of the complaint or claim upon such Respondent. In addition,
each Respondent shall notify EPA within 10 days after service or receipt of any Motion
for Summary Judgment and within 10 days after receipt of any order from a court setting
a case for trial, for matters related to this Settlement Agreement.
48. In any subsequent administrative or judicial proceeding initiated by the United States for
injunctive relief, recovery of response costs, or other relief relating to the Site,
Respondents shall not assert, and may not maintain, any defense or claim based upon the
principles of waiver, res judicata, collateral estoppel, issue preclusion, claim-splitting, or
other defenses based upon any contention that the claims raised in the subsequent
proceeding were or should have been brought in the instant action; provided, however,
that nothing in this Paragraph affects the enforceability of the covenants set forth in
Section X (Covenants by United States).
49. Effective upon signature of this Settlement Agreement by a Respondent, such
Respondent agrees that the time period commencing on the date of its signature and
ending on the date EPA receives from such Respondent the payment(s) required by
Section VII (Payment) and, if any, Section VIII (Failure to Make Payment) shall not be
included in computing the running of any statute of limitations potentially applicable to
any action brought by the United States related to the “matters addressed” as defined in
Paragraph 45, and that, in any action brought by the United States related to the “matters
addressed,” such Respondent will not assert, and may not maintain, any defense or claim
based upon principles of statute of limitations, waiver, laches, estoppel, or other defense
based on the passage of time during such period. If EPA gives notice to Respondents that
it will not make this Settlement Agreement effective, the statute of limitations shall begin
to run again commencing 90 days after the date such notice is sent by EPA.
XIV. INTEGRATION/APPENDICES
50. This Settlement Agreement and its appendices constitute the final, complete, and
exclusive agreement and understanding among the Parties with respect to the settlement
embodied in this Settlement Agreement. The Parties acknowledge that there are no
representations, agreements, or understandings relating to the settlement other than those
expressly contained in this Settlement Agreement. The following appendices are attached
to and incorporated into this Settlement Agreement:
“Appendix A” is the list of Respondents and the payment schedule.
“Appendix B” is the map of the Site.
13
XV. PUBLIC COMMENT
51. This Settlement Agreement shall be subject to a public comment period of at least
30 days pursuant to Section 122(i) of CERCLA, 42 U.S.C. § 9622(i). In accordance with
Section 122(i)(3) of CERCLA, 42 U.S.C. § 9622(i)(3), EPA may withdraw or withhold
its consent to this Settlement Agreement if comments received disclose facts or
considerations that indicate that this Settlement Agreement is inappropriate, improper, or
inadequate.
XVI. ATTORNEY GENERAL APPROVAL
52. The Attorney General or his designee has approved the settlement embodied in this
Settlement Agreement in accordance with Section 122(g)(4) of CERCLA, 42 U.S.C.
§ 9622(g)(4).
XVII. EFFECTIVE DATE
53. The effective date of this Settlement Agreement shall be the date upon which EPA issues
written notice that the public comment period pursuant to Paragraph 51 has closed and
that comments received, if any, do not require modification of or EPA withdrawal from
this Settlement Agreement.
14
Signature Page for Administrative Settlement Agreement and Order on Consent, U.S. EPA
Dockel No. 2019-13, regarding the Omega Chemical Superfund Site
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Signature Page for Administrative Settlement Agreement and Order on Consent, U.S. EPA
Docket No. 2019-13, regarding the Omega Chemical Superfund Site
Title:
Company:
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Signature Page for Administrativ e Settlement Agreement and Order on Consent, U.S. EPA
Docket No. 2019-13, regarding the Omega Chemical Superfund Site
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Title:
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Signature Page for Administrative Settlement Agreement and Order on Consent, U.S. EPA
Docket No. 2019-13 , regarding the Omega Chemical Superfund Site
Mailing Address:
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Dated Signature of Authorized Person
Signature Page for Administrative Settlement Agreement and Order on Consent, U.S. EPA
Docket No. 2019-13, regarding the Omega Chemical Superfund Site
Dated
Title:
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Signature Page for Administrative Settlement Agreement and Order on Consent, U.S. EPA
Docket No. 2019-13 , regarding the Omega Chemical Superfund Site
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Signature Page for Administrative Settlement Agreement and Order on Consent, U.S. EPA
Docket No. 2019-13, regarding the Omega Chemical Superfund Site
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Dated
,
Name (print) : Cynthia Kezos
Remediation Management
Company:
[email protected]
Email:
4 Centerpointe, Suite 200
Mailing Address: La Palma, CA 90623
Title:
Phone: 213-337-4615
Email :
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Title:
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Signature Page for Administrative Settlement Agreement and Order on Consent, U.S. EPA
Docket No. 2019-13, regarding the Omega Chemical Superfund Site
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Docket No. 2019-13, regarding the Omega Chemical Superfund Site
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Justin Hess
City of Burbank
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Title: TRUSTEE
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Phone: (818)842-0975
Email : [email protected]
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Name (print): Frank Miller
Company: BGPAA
Email: [email protected]
Title:
Company:
Phone:
Email:
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Signature Page for Administrative Settlement Agreement and Order on Consent, U.S. EPA
Docket No. 20 I 9-L3, regarding the Omega Chemical Superfund Site
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Docket No. 2019-13 , regarding the Omega Chemical Superfund Site
Dated
Email: [email protected]
calarts.edu
Mailing Address:
24700 McBean Pkwy. Valencia , CA 91355
Phone: 661-222-2709
Email: [email protected]
Email: [email protected]
Dated
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Email: [email protected]
Title: Partner
Email : [email protected]
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Mailing Address: 3390 University Avenue, 5 Floor
Riverside, CA 92501
Signature Page for Administrati ve Settlement Agreement and Order on Consent. U.S. EPA
Docket No. 2019- 13, regarding the Omega Chemical Superfund Site
September 9, 2019
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Email: [email protected]
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Docket No. 2019-13, regarding the Omega Chemical Superfund Site
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Title:
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Signature Page for Administrative Settlement Agreement and Order on Consent, U.S. EPA
Docket No. 2019-13, regarding the Omega Chemical Superfund Site
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Docket No. 2019-1 J, regarding the Omega Chemical Super fund Site
O~tober 25, 20 I 9 __
Dated Signature of Authorized Person
Email : [email protected]
Title:
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Signature Page for Administrative Settlement Agreement and Order on Consent U.S. EPA
Docket No. 2019-13 , regarding the Omega Chemical Superfund Site
Email: [email protected]
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Title:
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Signature Page for Administrative Settlement Agreement and Order on Consent, U.S. EPA
Docket No. 2019-13 , regarding the Omega Chemical Superfund Site
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Title:
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Signature Page for Administrative Settlement Agreement and Order on Consent, U.S. EPA
Docket No. 2019-13, regarding the Omega Chemical Superfund Site
Email: [email protected]
Phone: 951-659-2183
Title:
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Docket No. 2019-13 , regarding the Omega Chemical Superfund Site
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Company:
COURTESY CHEVROLET CENTER
Phone: 750 CAMINO DEL RIO N.
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Docket No. 2019-13 regarding the Omega Chemical Superfund Site
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Docket No. 2019-13, regarding the Omega Chemical Superfund Site
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Title:
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Phone:
Email:
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Docket No. 2019-13, regarding the Omega Chemical Superfund Site
Title: Attorney
Phone: 213-488-3614
Email: [email protected]
Title:
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Docket No. 2019-13, regarding the Omega Chemical Superfund Site
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Docket No. 2019-13, regarding the Omega Chemical Superfund Site
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Docket No. 2019-13, regarding the Omega Chemical Superfund Site
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Docket No. 2019-13, regarding the Omega Chemical Superfund Site
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Docket No. 2019-13, regarding the Omega Chemical Superfund Site
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Docket No. 2019-13, regarding the Omega Chemical Superfund Site
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Docket No. 2019-13, regarding the Omega Chemical Superfund Site
9/9/2019
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Title:
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Docket No. 2019-13, regarding the Omega Chemical Superfund Site
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Docket No. 2019-13 , regarding the Omega Chemical Superfund Site
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Title: CEO
Email: NIA
Mailing Address:
Hyundai Translead
8880 Rio San Diego Drive, Suite 600
San Diego, CA 92108
Phone:N/A
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Mailing Address:
Hyundai Translead
8880 Rio San Diego Drive, Suite 600
San Diego, CA 92108
Signature Page for Administrative Settlemen t Agreemen t and Order on Consent, U.S. EPA
Docket No. 2019-13, regarding the Omega Chemical Superfund Site
Title: PRESIDENT
Phone: 909-829-1395
Mailing Address: 200 Sandpomte Avenue. Suite 700. Santa Ana. CA 92707
Title:
Mailing Address: 3675 Crest\\Ood Parkwa} . Smte 350. Duluth. Georgia 30096
Signature Page for Administrative Settlement Agreement and Order on Consent, U.S. EPA
Docket No. 2019-13, regarding the Omega Chemical Superfund Site
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Email:
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Docket No. 2019-13, regarding the Omega Chemical Superfund Site
Dated
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Signature of Authorized Person
Title:
Company:
Phone:
Email:
Mailing Address:
DocuSign Envelope ID: 110F7D73-D62A-4037-87F5-73B8D78C0474
Signature Page for Administrative Settlement Agreement and Order on Consent, U.S. EPA
Docket No. 2019-13, regarding the Omega Chemical Superfund Site
10/17/2019
Dated Signature of Authorized Person
Title: Vice-President
Email: [email protected]
Title: Of Counsel
Phone: (202)639-7710
Email: [email protected]
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Signature of Authorized Person
Email: [email protected]
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Signature Page for Administrative Settlement Agreement and Order on Consent, U.S. EPA
Docket No. 2019-13, regarding the Omega Chemical Superfund Site
Title: f>Ai'2...1JV6):'.....
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Title:
Phone: 213-627-8252
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Dated I 1
Title:
Company:
Phone:
Email:
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Signature Page for Administrative Settlement Agreement and Order on Consent, U.S. EPA
Docket No. 2019-13 , regarding the Omega Chemical Superfund Site
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23388 Mulholland Drive
Woodland Hills, CA 91364
Mailing Address:
23388 Mulholland Drive
Woodland Hills, CA 91364
Signature Page for Administrative Settlement Agreement and Order on Consent, U.S. EPA
Docket No. 2019-13 regarding the Omega Chemical Superfund Site
Title:
Company:
Phone:
Email:
Mailing Address:
Signature Page for Administrative Settlement Agreement and Order on Consent, U.S. EPA
Docket No. 2019-13, regarding the Omega Chemical Superfund Site
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Phone:
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Signature Page for Administrative Settlement Agreement and Order on Consent. U.S. EPA
Docket No. 2019-13. regarding the Omega Chemical Superfund Site
Signature of Authorized P~ on
Title: Owner
Ogner Motorcars, Inc.
Company:
[email protected]
Email :
Title: Superintendent
Email: [email protected]
Phone: 805-938-8971
Email: [email protected]
9/13/19
Dated
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Signature of Authorized Person
Name (print):
~ BRIAN HAWKINS
Title:
ASSISTANT SUPERINTENDENT
Company:
ANTELOPE VALLEY UNION HIGH SCHOOL DISTRICT
Email:
[email protected]
Mailing Address:
44811 N. Sierra Hwy
Lancaster, CA 93534
Title:
Company:
Phone:
Email:
Mailing Address:
Signature Page for Administrative Settlement Agreement and Order on Consent, U.S. EPA
Docket No. 2019-13, regarding the Omega Chemical Superfund Site
(If Possible, we respectfully request equal paymnets over 3 months.)
Dated
Company:
Peter Pepper Products, Inc.
Email: [email protected]
Title:
Company:
Phone:
Email:
Mailing Address:
Signature Page for Administrative Settlement Agreement and Order on Consent, U.S. EPA
Docket No. 2019-13, regarding the Omega Chemical Superfund Site
FOR: PLASMATECHNOLOGYINC
Dated
Title:
Company:
Phone:
Email:
Mailing Address:
Signature Page for Administrative Settlement Agreement and Order on Consent, U.S. EPA
Docket No . 2019-13 , regarding the Omega Chemical Superfund Site
~a:;
Dated Signature of Authorized Person
Title:
Company:
Phone:
Email :
Mailing Address:
Signature Page for Administrative Settlement Agreement and Order on Consent, U.S. EPA
Docket No. 2019-13 , regarding the Omega Chemical Superfund Site
, t
Dated
Signature of Authorized Person
Name (print): Aaron Laurel
Title: Chief Executive Officer
Company: Port of West Sacramento
Email: [email protected]
Mailing Address:
1110 West Capitol Avenue, 3rd Floor
West Sacramento, CA 95691
Phone: 916-617-4500
Email: [email protected]
Mailing Address:
/8
Dated
Title:
Company:
Phone:
Email:
Mailing Address:
DocuSign Envelope ID: CE0C3BA3-68D1-4702-BF17-FD8410917414
Signature Page for Administrative Settlement Agreement and Order on Consent, U.S. EPA
Docket No. 2019-13, regarding the Omega Chemical Superfund Site
QSC,LLC
FOR: QSC AUDIO PRODUCTS INC
9/27/2019
Dated 56¥4A'uthorized Person
Email: [email protected]
Phone: 714-327-4690
Title:
Company:
Phone:
Email:
Mailing Address:
Signature Page for Administrative Settlement Agreement and Order on Consent, U.S. EPA
Docket No. 2019-13, regarding the Omega Chemical Superfund Site
C\j~d~ Bvc,t
Name (print):
Title: Agent
Email: [email protected]
Dated
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Title:
Company:
Phone:
Email:
Mailing Address:
Signature Page for Administrative Settlement Agreement and Order on Consent, U.S. EPA
Docket No. 2019- 13, regarding the Omega Chemical Superfund Site
Dated
s: (1,r""-.if ~~ ((
Name (print): •
Title:
Company:
Phone:
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Signature Page for Administrative Settlement Agreement and Order on Consent, U.S. EPA
Docket No. 2019-13, regarding the Omega Chemical Superfund Site
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Signature Page for Administrative Settlement Agreement and Order on Consent, U.S. EPA
Docket No. 2019-13, regarding the Omega Chemical Superfund Site
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Docket No. 2019-13, regarding the Omega Chemical Superfund Site
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Signature Page for Administrative Settlement Agreement and Order on Consent, U.S. EPA
Docket No. 2019-13, regarding the Omega Chemical Superfund Site
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Docket No. 2019-13, regarding the Omega Chemical Superfund Site
[email protected]
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'.)ignatt;•·c Page fo1 Administrative Set1ie111ent Ag1ee111ent and Order on Consent. U.S. EPA
Docket No. 2019-i 3, reparding t\;f. Umega Ch~mical Superfond Site
Email: [email protected]
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Signature Page for Administrative Settlement Agreement and Order on Consent, U.S. EPA
Docket No. 2019-13, regarding the Omega Chemical Superfund Site
Title:
Company:
Phone:
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Signature Page for Administrative Settlement Agreement and Order on Consent, U.S. EPA
Docket No. 2019-13 , regarding the Omega Chemical Superfund Site
Dated Signa'f....-..-rt~
Title: P\ ~r-.-e.\.
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FOR: SUNNYVALEFORD
FOR: T S SPRAY
1.-17-11
Dated
Title:
Company:
Phone:
Email:
Mailing Address:
Signature Page for Administrative Settlement Agreement and Order on Consent, U.S. EPA
Docket No. 2019-13, regarding the Omega Chemical Superfund Site
Title:
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Docket No. 2019-13 , regarding the Omega Chemical Superfund Site
Dated
I ~~
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ureofAuthori zed Person -
Title: CF o
Title:
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Phone:
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Mailing Address:
Signature Page for Administrative Settlement Agreement and Order on Consent, U.S. EPA
Docket No. 2019-13, regarding the Omega Chemical Superfund Site
September ? O 2019
Dated Signature of Authorized Person
Title: Treasurer
Email: [email protected]
Title:
Phone:(866)403-5272
Email:
J/-zo-/1
Dated
t:JJ !U
Si: : tureofAuthorized Person
Email: [email protected]
Phone: 314.345.6489
Email: [email protected]
Mailing Address:
1251 Avenue of the Americas, Suite 4110
New York, NY 10020
Company :
Phone:
Email:
Mailing Address:
Signature Page for Administrative Settlement Agreement and Order on Consent, U.S. EPA
Docket No. 2019-13, regarding the Omega Chemical Superfund Site
Dated ~ rson
Title: ~ D ' \
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Agent authorized to accept Service
on behalf of Above-signed Party:
Name (print):
Title:
Company:
Phone:
Email:
Mailing Address:
Signature Page for Administrative Settlement Agreement and Order on Consent, U.S. EPA
Docket No. 2019-13, regarding the Omega Chemical Superfund Site
Email:
Email: [email protected]
Phone: 559-233-4800
1:- -
crna1:1 jkinsey(wwjhattorneys.com
Dated
Title:
Company:
Phone:
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Signature Page for Administrative Settlement Agreement and Order on Consent, U.S. EPA
Docket No. 2019-13, regarding the Omega Chemical Superfund Site
Dated
Title: .4-.1-fv-v'~ l~ r ~
Mailing Address:
Signature Page for Administrative Settlement Agreement and Order on Consent, U.S. EPA
Docket No. 2019-13, regarding the Omega Chemical Superfund Site
Title: Secretary
Title:
Company:
Phone:
Email:
Mailing Address:
Signature Page for Administrative Settlement Agreement and Order on Consent, U.S. EPA
Docket No. 2019-13, regarding the Omega Chemical Superfund Site
FOR: SPACESYSTEMS
"
Dated
Lisa Lopshire
Title: Partner
Phone: 415-777-3200
Email: [email protected]
-
Name (print): Catherine Anzalone
N.A. as Trustee
Email: [email protected]
Dated
Title: Co-Trustee
Email: [email protected]
Wilmington, DE 1980 I
Agent authorized to accept Service
on behalf of Above-signed Party:
Name (print):
Title:
Company:
Phone:
Email:
Mailing Address:
Signature Page for Administrative Settlement Agreement and Order on Consent, U.S. EPA
Docket No. 2019-13, regarding the Omega Chemical Superfund Site
oq/13 /;9
Dated Signature of Authorized Person
Title:
Company:
Phone:
Email:
Mailing Address:
Signature Page for Administrative Settlement Agreement and Order on Consent, U.S. EPA
Docket No. 2019-13 , regarding the Omega Chemical Superfund Site
Email: [email protected]
Email: [email protected]
Title:
Company:
Phone:
Email:
Mailing Address:
Signature Page for Administrative Settlement Agreement and Order on Consent, U.S. EPA
Docket No. 2019-13, regarding the Omega Chemical Superfund Site
I
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Phone: 866/925-9916
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Signature Page for Administrative Settlement Agreement and Order on Consent, U.S. EPA
Docket No. 2019-13 , regarding the Omega Chemical Superfund Site
Dated Signat
Name
Title:
Company:
Email:
Mailing Address:
Title:
Company:
Phone:
Email:
Mailing Address:
Signature Page for Administrative Settlement Agreement and Order on Consent, U.S. EPA
Docket No. 2019-13, regarding the Omega Chemical Superfund Site
Email: [email protected]
FOR: RALPHSGROCERY
Title:
Company:
Phone:
Email:
Mailing Address:
Signature Page for Administrative Settlement Agreement and Order on Consent, U.S. EPA
Docket No. 2019-13 regarding the Omega Chemical Superfund Site
FOR: RANDALL/MACANNY
Dated I
Name (print): k.C:- .:. l~ ~'Z....
Title: \?re.":.. c!_~J
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Title:
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Signature Page for Administrative Settlement Agreement and Order on Consent, U.S . EPA
Docket No. 2019-13 regarding the Omega Chemical Superfund Site
Dated
Title: MAYOR
Email:
Email:
Dated
Email: [email protected]
Email: [email protected]
Email: [email protected]
Mailing Address:
613 East Broadway, #200
Glendale, CA 91206
Phone: 818-548-2080
[email protected]
Email:
Dated
4-PcQ-<
Signature of Authorized Person "'---
Email: [email protected]
Mailing Address:
Title:
Phone:
Email:
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Title:
Company:
Phone:
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Signature Page for Administrative Settlement Agreement and Order on Consent, U.S. EPA
Dated
~
Signature of Authorized Person
Title: President
Email: [email protected]
Email: [email protected]
Title:
Company:
Phone:
Email:
Mailing Address:
Signature Page for Administrative Settlement Agreement and Order on Consent, U.S. EPA
Docket No. 2019-13, regarding the Omega Chemical Superfund Site
Dated 4 ;, eo ~ ,r;r;~
Name (print): ~c./,c G-, ff-o,d
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Title:
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Signature Page for Administrative Settlement Agreement and Order on Consent, U.S. EPA
Docket No. 2019-13, regarding the Omega Chemical Superfund Site
Dated
L ~ ()
Title:
Title:
Company:
Phone:
Email:
Mailing Address:
Signature Page for Administrative Settlement Agreement and Order on Consent, U.S. EPA
Docket No. 2019-13, regarding the Omega Chemical Superfund Site
Title: Sr V f •
( ' /c.
/,-- c~
Company: J · \l- .Y ,v1 f
1/2/20
Dated Signature of Authorized Person
Company:
McCormick Construction Co.
Email:
[email protected]
Title:
Company:
Phone:
Email:
Mailing Address:
Signature Page for Administrative Settlement Agreement and Order on Consent, U.S. EPA
Docket No. 2019-13, regarding the Omega Chemical Superfund Site
FOR B. Braun Medical, Inc., survivor to McGaw, Inc., which was formerly
known as Kendall McGaw Laboratories, Inc., which was formerly
known as The Kendall Company, which included an American
McGaw division
AprlS,2020
Dated Signature of Authorized Person
Name (print): Cathy Codrea
Title: SVP, General Counsel
Email: [email protected] m
Mailing Address:
824 12th Ave, Bethlehem, PA 18018
AprlS,2020
Dated Signature of Second Authorized Person
Name (print): BRUCE HEUGEL
Email: [email protected] m
Mailing Address:
82412 RH AVE BETHLEHEM PA 18018
February 3, 2020
Dated Signature of Authorized Person
Email:[email protected]
Mailing Address:
Tufan Yasar
1415 West Artesia Blvd.
Compton , CA 90220
Title:
Company:
Phone:
Email:
Mailing Address:
Signature Page for Administrative Settlement Agreement and Order on Consent, U.S. EPA
Docket No. 2019-13, regarding the Omega Chemical Superfund Site
Title: CY-o
Company: S \e t,\,\_Q..(A~ l~ ~s ~ { IA c_ •
Email:
Mailing Address:
Title:
Company:
Phone:
Email:
Mailing Address:
Signature Page for Administrative Settlement Agreement and Order on Consent, U.S. EPA
Docket No. 2019-13, regarding the Omega Chemical Superfund Site
Dated
Company:
Phone:
Email:
Mailing Address:
Signature Page for Administrative Settlement Agreement and Order on Consent, U.S. EPA
Docket No. 2019-13 , regarding the Omega Chemical Superfund Site
Dated
Email: -
,
Mailing Address: tft?5 f I: t/~/l~/7tJA'/ ,17,fl re
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Title: - -
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By:
Hal
7300 W. Orchid Lane
Chandler, AZ 85226
Dated 7 ___,Jg~
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tr/
Title: D, r,e.,;. 15 £_ v ,,/e-_ /21 L/l/\cl-f s
Title:
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Signature Page for Administrative Settlement Agreement and Order on Consent, U.S. EPA
Docket No. 2019-13, regarding the Omega Chemical Superfund Site
FOR: __.C....a.o_v_,v_l-~_o_~_~_c_·J.l.:_k
__lA-_
Dated
liv{1~
Signature of Authorized Person
Page 1 of 6
Appendix A to 2019 Omega AOC: List of Respondents
Page 2 of 6
Appendix A to 2019 Omega AOC: List of Respondents
Page 3 of 6
Appendix A to 2019 Omega AOC: List of Respondents
Page 4 of 6
Appendix A to 2019 Omega AOC: List of Respondents
Page 5 of 6
Appendix A to 2019 Omega AOC: List of Respondents
Page 6 of 6
Appendix B to 2019 AOC: Omega Site Overview Map
W h i t ti e r
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