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2004-047
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2004-047
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Entry Properties
Last modified
8/24/2016 2:14:14 PM
Creation date
9/30/2015 7:22:05 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
03/09/2004
Control Number
2004-047
Agenda Item Number
12.B.
Entity Name
United States Environmental Protection Agency
Subject
Administrative Order of Consent
Florida Petroleum Preprocessors
Project Number
CER 04-2004-3751
Archived Roll/Disk#
3209
Supplemental fields
SmeadsoftID
3657
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U . S .C . § 9607 (a)( 1 ) . <br /> f. There has been an actual or threatened "release" of a "hazardous substance" from <br /> the Site as those terms are defined in Section 101 (22) and ( 14) of CERCLA, 42 <br /> U .S .C . § 9601 (22) and ( 14) . <br /> g. The actual or threatened " release" caused the incurrence of response costs. <br /> h. Prompt settlement with each Respondent and the City is practicable and in the <br /> public interest within the meaning of Section 122(8)( 1 ) of CERCLA, 42 U. S .C . § <br /> 9622(8)( 1 ) . <br /> i . As to each Respondent and the City, this Consent Order involves only a minor <br /> portion of the response costs at the Site within the meaning of Section 122(8)( 1 ) <br /> of CERCLA, 42 U .S .C . § 9622(g)( 1 ) . <br /> j . The amount of hazardous substances contributed to the Site by each Respondent <br /> and the City, and the toxic or other hazardous effects of the hazardous substances <br /> contributed to the Site by each Respondent and the City are minimal in <br /> comparison to other hazardous substances at the Site within the meaning of <br /> Section 122(g)( 1 )(A) of CERCLA, 42 U. S .C. § 9622(g)( 1 )(A) . <br /> VI. ORDER <br /> 22. Based upon the administrative record for the Site and the Statement of Facts and <br /> Determinations set forth above, and in consideration of the promises and covenants set <br /> forth herein, the following is hereby AGREED TO AND ORDERED : <br /> VII. PAYMENT <br /> 23 . To enter into this Consent Order and settle each Respondent' s CERCLA liability to the <br /> United States for the Site, (subject to the Reservations of Rights by the United States in <br /> Section XI.) , each Respondent must make two sgparate pgMents , one to EPA and one to <br /> the City of Fort Lauderdale. The payment amounts for each Respondent are listed in <br /> Appendix C . <br /> Payment One shall be made to the "EPA Hazardous Substance Superfund", in the <br /> amount set forth in Appendix C, column labeled "PAYMENT TO EPA (75 % OF <br /> TOTAL)" ; and <br /> Payment Two shall be made to the "City of Fort Lauderdale, care of City <br /> Manager," in the amount set forth in Appendix C , column labeled "PAYMENT <br /> TO CITY (25 % OF TOTAL)." <br /> 8 <br />
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