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UNITED STATES
ENVIRONMENTAL PROTECTION AGENCY
REGION 4
IN THE MATTER OF : )
ADMINISTRATIVE ORDER
Florida Petroleum Reprocessors Site ) ON CONSENT
Davie, Florida )
Docket No . : CER 04-2004- 3751
Proceeding under Sections 122(g)(4) )
and 122(h)( 1 ) of the Comprehensive )
Environmental Response, Compensation , )
and Liability Act of 1980, as amended, )
42 U . S .C . § § 9622(g)(4) and 9622(h)( 1 ) )
I. JURISDICTION
1 . This Administrative Order on Consent ( "Consent Order" or " Order" ) is issued pursuant to
the authority vested in the President of the United States by Sections 122(g)(4) and 122(h)
of the Comprehensive Environmental Response, Compensation, and Liability Act of
1980, as amended ( "CERCLA" ) , 42 U.S .C . § § 9622 (g)(4) , and 9622(h), 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
United States Environmental Protection Agency ( 'BPA " ) by Executive Order 12580, 52
Fed . Reg. 2923 (Jan . 29 , 1987), and further delegated to the Regional Administrators of
the EPA by EPA Delegations Nos . 14- 14-D (for Section 122(h)) and 14- 14-E, (for
Section 122(g)) . Authority under Section 122(g) was re-delegated to the Director, Waste
Management Division, EPA, Region 4, and further re-delegated to the Chief of the Waste
Programs Branch by EPA Region 4 Delegation No . 14- 14-E. Authority under Section
122(h) was re-delegated through the Director, Waste Management, EPA, Region 4, and
further re-delegated to the Chief, Waste Programs Branch by Region 4 Delegation No.
14- 14-1) . The Waste Programs Branch has been renamed and is currently known as the
Superfund Enforcement & Information Management Branch. This Agreement is also
entered into pursuant to the authority of the Attorney General of the United States to
compromise and settle claims of the United States , which authority, in the circumstances
of this settlement, has been delegated to the Assistant Attorney General , Environment and
Natural Resources Division, U. S . Department of Justice .
2 . This Consent Order is entered into voluntarily by and between EPA, the City of Fort
Lauderdale, Florida ("City") , and the persons , corporations, or other entities identified in
Appendix A ( "Respondents " ) . The City and each Respondent agree to undertake all
actions required of such party by this Consent Order. The City and each Respondent
further consent to and will not contest the authority of the United States to issue this
Consent Order or to implement or enforce its terms .
3 . The Parties agree that the actions undertaken in accordance with this Consent Order do
not constitute an admission of any liability by the City or any Respondent. The City and
the Respondents do not admit, and retain the right to controvert in any subsequent
proceedings other than proceedings to implement or enforce this Consent Order, the
validity of the Statement of Facts or Determinations contained in Sections IV and V .
respectively, of this Consent Order.
II. STATEMENT OF PURPOSE
4. By entering into this Consent Order, the mutual objectives of the Parties are :
a. to avoid the potential for difficult, prolonged and complicated litigation between
the City, the Respondents and/or EPA ;
b , to reach a final settlement between EPA and the Respondents with respect to the
Site pursuant to Section 122(g) of CERCLA, 42 U . S . C . § 9622(g) , that allows
each Respondent to make a cash payment, including a premium, to resolve each
Respondent' s 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 or to be incurred at or in connection with the Site, subject
to reservations of rights contained herein ;
co to reach a final settlement between EPA and the City with respect to the Site
pursuant to Section 122(h) of CERCLA, 42 U. S . C. § 9622(h), and the authority of
the Attorney General to compromise and settle claims of the United States , that
allows the City to resolve its 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 or to be incurred at or in connection with the
Site, subject to reservations of rights contained herein ;
do 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 , thereby reducing litigation relating to
the Site ;
e. to obtain a final settlement among the Parties for the Respondents ' 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 private and governmental parties ,
and to provide for full and complete contribution protection for the Respondents,
including protection from claims among the Parties , with regard to the Site
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pursuant to Sections 113 (f)(2) and 122(g)(5 ) of CERCLA, 42 U . S . C . § §
9613 (f)(2) and 9622(g)(5 ) ; and
f, to obtain a final settlement among the Parties for the City' s 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 private and governmental parties , and to
provide for full and complete contribution protection for the City, including
protection from claims among the Parties , with regard to the Site pursuant to
Sections 113 (f) (2) and 122(h)(4) of CERCLA, 42 U . S .C . § § 9613 (f) (2) and
9622(h)(4) .
III. DEFINITIONS
5 . Unless otherwise expressly provided herein, terms used in this Consent Order that are
defined in CERCLA or in regulations promulgated under CERCLA shall have the
meaning assigned to them in the statute or regulations . Whenever the terms listed below
are used in this Consent Order, the following definitions shall apply :
a. "CERCLA" shall mean the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, as amended, 42 U . S . C . § 9601 , Lt se .
b . " Consent Order" or " Order" shall mean this Administrative Order on Consent and
all appendices attached hereto . In the event of conflict between this Order and any
appendix, the Order shall control .
C , "City" or "City of Fort Lauderdale" shall mean the City of Fort Lauderdale,
Florida its departments, agents and instrumentalities .
d. , Day shall mean a calendar day. In computing any period of time under this
Consent Order, where the last day would fall on a Saturday, Sunday, or federal
holiday, the period shall run until the close of business of the next working day.
e . "EPA" shall mean the United States Environmental Protection Agency and any
successor departments , agencies or instrumentalities .
f. "EPA Hazardous Substance Superfund" shall mean the Hazardous Substance
Superfund established by the Internal Revenue Code, 26 U . S . C . § 9507 .
g . "FPR Facility" shall mean the former Florida Petroleum Reprocessors facility
located at 3211 S .W . 50`h Avenue, Davie, Broward County, Florida, immediately
east of the Florida Turnpike, about '/z mile south of Interstate 595 , which
operations included waste oil reprocessing.
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h. "Interest" shall mean interest at the current 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) .
i . "Paragraph " shall mean a portion of this Consent Order identified by an Arabic
numeral .
j . "Parties " shall mean EPA, the City of Fort Lauderdale, and the Respondents .
k. "Respondents " shall mean those persons , corporations, or other entities listed in
Appendix A.
1. "Response costs " shall mean all costs of " response " as that term is defined by
Section 101 (25 ) of CERCLA, 42 U . S . C . § 9601 (25 ) .
m. " Section" shall mean a portion of this Consent Order identified by a Roman
numeral .
n. "Site" shall mean the Florida Petroleum Reprocessors Superfund Site, which
includes the FPR Facility property which formerly contained a waste oil ' recycling
operation approximately one acre in size located at 3211 SW 50th Avenue in
Davie, Broward County, Florida, south of Fort Lauderdale . The Site also includes
an area along the south side of I-595 , and east of the Florida Turnpike , which is
now owned by the Florida Department of Transportation . The Site also includes
the groundwater contamination originating from these two source areas, which is
documented by the data as depicted in Figures 4-20 and 4-21 of the Record of
Decision issued by EPA for the Site. At the time of the Record of Decision, this
Site covered an area of approximately 870 acres in size and was generally
bounded to the north by Peters Road, that divides the northern and southern
portion of the current Peele-Dixie Wellfield, to the east by U . S . Route 441 , to the
south by Orange Drive, and to the west by the Florida Turnpike. The Site is
depicted generally on the map attached as Appendix . B .
o. "United States " shall mean the United States of America, including its
departments, agencies and instrumentalities .
IV. STATEMENT OF FACTS
6 , The Florida Petroleum Reprocessors (FPR) Facility, located at 3211 S .W . 50' Avenue,
Davie, Broward County, Florida, was a former waste oil reprocessing facility. Operations
at the FPR Facility were conducted under a variety of names , including Barry ' s Waste
Oil, Oil Conservationists , Inc . , Florida Petroleum Reprocessors , and South Florida Fuels .
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Operations principally included the temporary storage and reprocessing of waste oil .
Current records indicate that more than 15 million gallons of waste oil were collected at
the FPR Facility from many sources , including the Respondents listed in Appendix A and
the City.
7 . This waste oil leaked from tanks and spilled onto the ground causing extensive soil and
groundwater contamination during operations at the FPR Facility. The waste oil
contained hazardous substances as defined by Section 101 ( 14) of CERCLA, 42 U .S .C. §
9601 ( 14) , including volatile organic compounds (VOCs) .
8 . In the Spring of 1996, EPA's Emergency Response and Removal program conducted an
assessment of the FPR Facility. The FPR Facility was abandoned at that time. There
were several above-ground tanks and drums in poor condition, containing waste oil and
wastewater at the FPR Facility. The secondary containment structures around these tanks
and drums had deteriorated. The contents of the tanks and drums were sampled, and the
results indicated the presence of VOCs and other hazardous substances . EPA determined
that an immediate response action was warranted to address the imminent threat posed by
the tanks and drums and to stabilize the FPR Facility pending further evaluation.
9. As a result, removal activities were undertaken and all tanks and an estimated 13 ,000
gallons of waste oil and 26,000 gallons of wastewater were removed from the Site. This
work was completed in 1997 pursuant to an Administrative Order on Consent with
Florida Petroleum Reprocessors Steering Committee, whose member(s) are currently part
of the major FPR potentially responsible party group ("major FPR PRP group") .
10. EPA' s contractor completed the field work for the remedial investigation (RI) for the FPR
Site in April 1997 and issued a RI and feasibility study (FS) report in June 1998 .
11 . The Site was placed on the National Priorities List on March 6, 1998 .
12 . A second round of removal activities was conducted by the major FPR PRP group in
1999 , pursuant to a second Administrative Order on Consent, to address the highly
contaminated soils ranging from ground surface to a depth of approximately 12 feet
below ground surface. Contaminants removed included chlorinated VOCs and
petroleum-related compounds. Approximately 69000 tons of soil were removed for off-
Site disposal . The excavated areas were filled in with clean soil .
13 . A third round of removal activities is currently on-going, and was started by the major
FPR PRP group in November 2000, pursuant to a third Administrative Order on Consent,
to address deep soil contamination and a zone of residual dense nonaqueous-phase liquid
(DNAPL) in the northwestern portion of the FPR Facility, at a depth from 34 to 43 feet
below ground surface. This material was believed to represent a continual source of
contamination to the Biscayne aquifer, the sole source of drinking water for Dade and
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Broward counties . The work to treat the residual DNAPL contamination is being
performed using a technique known as chemical oxidation . The treatment process
involves the injection of chemicals into the zone of contamination, which produces a
chemical reaction to transform the contaminants into nontoxic compounds .
14. In addition to the contaminants that have been released from the FPR Facility, a second
source of groundwater contamination is located along the south side of I-595 , and east of
the Florida Turnpike. This second source is the location of a former junkyard known as
Starts Sales & Salvage that operated at the location from 1965 until 1974. Approximately
1 ,600 junk cars had been stored on the property at one time, with some of the junk cars
being dumped into a water-filled borrow pit along the west side of the property.
Automobile salvage and service businesses continued to operate at this location until
1984. The property was subsequently acquired by the Florida Department of
Transportation (FDOT) in 1984 in advance of the construction of I-595 at this location in
the late 1980's .
15 . The three rounds of removal activities described above were performed by the major FPR
PRP group. EPA anticipates that the major FPR PRP group will also perform the
remaining work that needs to be done at or in connection with the Site. EPA is currently
negotiating a Remedial Design/Remedial Action Consent Decree (Consent Decree) with
the major FPR PRP group and several other parties to implement a remedy for the Site
that is protective of human health and the environment.
16. In performing the response actions, EPA has incurred and will continue to incur response
costs at or in connection with the Site. The amount of EPA' s unreimbursed response
costs at the Site totaled $5 ,587 ,798 . 14 as of August 19, 2003 .
17 . The City has also undertaken response activities at the Site under an Administrative Order
on Consent with EPA dated February 11 , 1994, docket number 93 -34-C (AOC). In
complying with the AOC, the City incurred over $ 1 ,224,381 .78 in response costs in
designing, constructing, and operating an air stripper system to remove Site-related VOCs
now believed to have migrated to the southern portion of the City' s Peele Dixie
Wellfield. Under the AOC, the City now owes $83 ,271 . 88 for EPA' s oversight costs . In.
addition, the City owes $24,381 .78 for the 6,366 gallons of waste oil it sent to the FPR
Facility, as set forth on Appendix C.
Under this Consent Order, the City will be reimbursed for some of its over $ 1 ,224,381 .78
in response costs and is relieved of its obligations under Section VIII of the AOC to pay
EPA' s $83 ,271 . 88 in oversight costs. The reimbursement to the City under this Consent
Order has been reduced to reflect the $24,381 .78 owed by the City for the 6,366 gallons
of waste oil it sent to the FPR Facility.
18. Attached hereto as Appendix C and incorporated by reference herein is the De Minimis
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Cost Matrix, which lists the total volume in gallons that each Respondent and the City
contributed to the Site, based on records currently available to EPA. The De Minimis
Cost Matrix also lists the amount each Respondent must pay to EPA and to the City to
settle under this Consent Order. The volume attributed to each Respondent and the City
is based on records of the owner or operator of the FPR Facility, records such as spread
sheets and driver tickets containing information on how much and from whom waste oil
was picked up and delivered to the Site. Based on these sources of information, EPA has
determined that each Respondent listed in Appendix A and the City: arranged for
disposal or treatment of a hazardous substance owned or possessed by such Respondent
or the City, to the Site; or arranged with a transporter for the transport for disposal or
treatment, of a hazardous substance owned or possessed by such Respondent or the City,
to the Site ; or accepted hazardous substances for transport to the Site which was selected
by such Respondent or the City.
19. The amount of hazardous substances contributed to the Site by each Respondent and the
City is more than 110 gallons but not more than 10,000 gallons of materials containing
hazardous substances, and the hazardous substances contributed by each Respondent and
the City to the Site are not significantly more toxic or of significantly greater hazardous
effect than other hazardous substances at the Site.
20. 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 private and
governmental parties is $ 14,832,741 . 81 . The payment required to be made by each
Respondent pursuant to this Consent Order is a minor portion of this total amount.
V. DETERMINATIONS
21 . Based upon the Statement of Facts set forth above and on the administrative record for
this Site, EPA has determined that:
a. The Florida Petroleum Reprocessors 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 is a "person" as that term is defined in Section 101 (21 ) of
CERCLA, 42 U. S .C. § 9601 (21 ) .
c . The City is a "person " as that term is defined in Section 101 (21 ) of CERCLA, 42
U . S .C . § 9601 (21 ) .
d. Each Respondent is a "potentially responsible party" under Section 122(g)( 1 ) of
CERCLA, 42 U . S .C . § 9622(g)( 1 ) .
e. The City is a "potentially responsible party" under Section 107(a) of CERCLA, 42
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U . S .C . § 9607 (a)( 1 ) .
f. 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) .
g. The actual or threatened " release" caused the incurrence of response costs.
h. Prompt settlement with each Respondent and the City is practicable and in the
public interest within the meaning of Section 122(8)( 1 ) of CERCLA, 42 U. S .C . §
9622(8)( 1 ) .
i . As to each Respondent and the City, this Consent Order involves only a minor
portion of the response costs at the Site within the meaning of Section 122(8)( 1 )
of CERCLA, 42 U .S .C . § 9622(g)( 1 ) .
j . The amount of hazardous substances contributed to the Site by each Respondent
and the City, and the toxic or other hazardous effects of the hazardous substances
contributed to the Site by each Respondent and the City 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) .
VI. ORDER
22. 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 herein, the following is hereby AGREED TO AND ORDERED :
VII. PAYMENT
23 . To enter into this Consent Order and settle each Respondent' s CERCLA liability to the
United States for the Site, (subject to the Reservations of Rights by the United States in
Section XI.) , each Respondent must make two sgparate pgMents , one to EPA and one to
the City of Fort Lauderdale. The payment amounts for each Respondent are listed in
Appendix C .
Payment One shall be made to the "EPA Hazardous Substance Superfund", in the
amount set forth in Appendix C, column labeled "PAYMENT TO EPA (75 % OF
TOTAL)" ; and
Payment Two shall be made to the "City of Fort Lauderdale, care of City
Manager," in the amount set forth in Appendix C , column labeled "PAYMENT
TO CITY (25 % OF TOTAL)."
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NO PAYMENT IS DUE AT THIS TIME. In approximately 90 to 120 days, EPA
will send you a separate letter telling you when to make your payments and where
to send them. The letter will give you 30 days from the date of the letter to send
your two payments to the addresses provided in the letter.
24 . The City shall submit written notice to EPA of the payments it has received under this
Consent Order within 60 days of the date upon which payments to the City under this
Consent Order are due. The City covenants and agrees to make payment to the EPA
Hazardous Substance Superfund of all amounts in excess of $ 1 ,200,000.00 that the City
receives under this Consent Order. The City's payment, if any, shall be submitted within
90 days of the date upon which payments to the City under this Consent Order are due.
25 . All payments due under this Consent Order shall be made by certified or cashier's check.
Each check shall reference the name and address of the party making payment, the Site
name (Florida Petroleum Reprocessors Site), the Site Spill ID Number, (A416), and the
EPA docket number for this action, (CER 04-2004-3751 ) .
26. Each Respondent's payment includes an amount for.
a. all past response costs incurred at or in connection with the Site,
be projected future response costs to be incurred at or in connection with the Site,
and
C * a premium to cover the risks and uncertainties associated with 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, any private party, or any governmental party, will exceed the estimated
total response costs upon which each Respondent' s payment on Appendix C is
based.
VIII. FAILURE. TO MAKE PAYMENT
27 . If any Respondent fails to make full payment within the time required by this Consent
Order, that Respondent shall pay Interest on the unpaid balance at the rate specified for
interest on investments of the EPA Hazardous Substance Superfund established by the
Internal Revenue Code, 26 U . S .C . § 9507 , compounded annually on October 1 of each
year, in accordance with 42 U . S .C . § 9607(a). In addition, if any Respondent fails to
make full payment as required by this Consent Order, 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(1) of CERCLA, 42 U. S .C . § 9622(1) for failure to make timely payment.
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IX. CERTIFICATION OF RESPONDENTS AND THE CITY
28 . By signing this Consent Order, each Respondent and the City certifies , individually, that,
to the best of its knowledge and belief, it has :
a. conducted a thorough, comprehensive, good faith search for documents, and has
fully and accurately disclosed to EPA, all documents and information currently in
its possession, or in the possession of its officers , directors, employees ,
contractors or agents , which 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,
bo not altered, mutilated, discarded, destroyed or otherwise disposed of any records,
documents , or other information relating to its potential liability regarding the Site
after notification of potential liability or the filing of a suit against it regarding the
Site;
co fully complied with any and all EPA requests for information regarding the Site
pursuant to Sections 104(e) and 122(e) of CERCLA, 42 U.S .C. § § 9604(e) and
9622(e) ; and
do accurately disclosed to EPA the amount of response costs it incurred at or in
connection with hazardous substances at the Site. This subparagraph do applies to
the City only.
X. COVENANT NOT TO SUE BY UNITED STATES
29. In consideration of the payments that will be made by Respondents under the terms of
this Consent Order, and 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,
this covenant not to sue shall take effect for each Respondent upon receipt by the United
States of that Respondent's payment to the United States as is required by Section VII.
With respect to each Respondent, individually, this covenant not to sue is conditioned
upon : a) the satisfactory performance by Respondent of all obligations under this Consent
Order, including valid certification in Section IX; and b) the veracity of the information
provided to EPA by Respondent relating to Respondent ' s involvement with the Site.
This covenant not to sue extends only to Respondents and does not extend to any other
person.
30. Except as specifically provided in Section XI (Reservations of Rights by United States),
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the United States covenants not to sue or take administrative action against the City
pursuant to Sections 106 and 107 of CERCLA, 42 U. S .C . § § 9606 and 9607 , relating to
the Site. With respect to present and future liability, this covenant not to sue shall take
effect with respect to the City upon the effective date of this Consent Order. With respect
to the City, this covenant not to sue is conditioned upon : a) the satisfactory performance
by the City of all obligations under this Consent Order, including valid certification in
Section IX; and b) the veracity of the information provided to EPA by the City relating to
the City' s involvement with the Site. This covenant not to sue extends only to the City
and does not extend to any other person.
'XI. RESERVATIONS OF RIGHTS BY UNITED STATES
31 . The covenant not to sue by the United States set forth in this Consent Order does not
pertain to any matters other than those expressly specified in Section X. The United
States reserves, and this Consent Order is without prejudice to, all rights against
Respondents and the City with respect to all other matters including, but not limited to.
a. liability for failure to meet a requirement of this Consent Order;
be criminalliability;
ce liability for damages for injury to, destruction of, or loss of natural resources, and
for the costs of any natural resource damage assessments; or
do liability arising from any future arrangement for disposal or treatment of a
hazardous substance, pollutant or contaminant at the Site after the effective date
of this Consent Order.
32. If information not known to EPA as of the effective date of this Consent Order is
discovered which indicates that the volume of waste oil contributed to the Site by any
Respondent exceeds the volume which Respondent has certified as accurate under this
Consent Order, but where the total amount contributed by such Respondent is less than
10,000 gallons, EPA, in its discretion, may require such Respondent to make payment(s)
to account for the additional volume. EPA will calculate the additional payment(s) using
the same payment formula that was used in determining Respondent' s initial payment
amount reflected on Appendix C . By signing this Consent Order, each Respondent
agrees to pay the additional payment(s) within 15 days of demand by EPA. In the event
that any Respondent fails to make the additional payment(s) within 15 days of EPA' s
demand, EPA may, by written notice to the nonpaying Respondent, void this Consent
Order as between EPA and the nonpaying Respondent. In the event that any Respondent
fails to make the additional payment(s) within 15 days of EPA' s demand, notwithstanding
any other provision of this Consent Order, the United States, including EPA, reserves,
and this Consent Order is without prejudice to, the right to institute judicial proceedings
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seeking to compel such nonpaying Respondent to reimburse EPA for a higher share of
response costs than such Respondent is paying under this Consent Order.
33 . If information not known to EPA as of the effective date of this Consent Order is
discovered which indicates that the volume of waste oil contributed to the Site by any
Respondent or the City exceeds 10,000 gallons, or which indicates that the hazardous
substances contributed by any Respondent or the City are of such greater toxic or other
hazardous effects compared to the other hazardous substances at the Site, EPA, in its
discretion, may determine that the Respondent or the City, respectively, is no longer
eligible for this settlement, and, by written notice to such ineligible party, may void this
Consent Order as between EPA and such ineligible party. In such case, notwithstanding
any other provision in this Consent Order, the United States, including EPA, reserves,
and this Consent Order is without prejudice to, the right to institute judicial or
administrative proceedings, including an administrative order, against any Respondent or
the City seeking to compel that Respondent or the City to perform response actions
relating to the Site, and/or to reimburse the United States for additional response costs at
the Site.
XII. COVENANTS BY THE CITY AND RESPONDENTS
34. The City and Respondents covenant not to sue and agree not to assert any claims ,
demands, or causes of action against the United States, or its contractors or employees
relating in any way to the Site or this Consent Order, including, but not limited to :
a. 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)9 96079 9611 , 9612, or 9613 , or any other
provision of law ;
be any claim arising out of response activities at the Site; and
ce any claim against the United States pursuant to Sections 107 , 113 or 123 of
CERCLA, 42 U.S .C . § § 9607, 9613 , or 9623 relating to the Site.
35 . The City covenants not to sue and agrees not to assert any claims, demands , or causes of
action pursuant to Sections 107 and/or 113 of CERCLA, 42 U. S . C . § § 9607 and 9613 ,
relating to the Site, against any Respondent who complies with the payment terms of this
Consent Order.
36. Respondents agree not to assert any claims or causes of action (including claims for
contribution under CERCLA) that they may have for all matters 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
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cause of action that a Respondent may have against any person if such person asserts or
has asserted a claim or cause of action relating to the Site against such Respondent.
37 . Nothing in this Consent Order 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).
XIII. EFFECT OF SETTLEMENT/CONTRIBUTION PROTECTION
38 . Nothing in this Consent Order shall be construed to create any rights in, or grant any
cause of action to, any person not a Party to this Consent Order. The United States, the
City, and Respondents each reserve any and all rights (including, but not limited to, any
right to contribution) , defenses, claims , demands, and causes of action which they may
have with respect to any matter, transaction, or occurrence relating in any way to the Site
against any person not a Party hereto, except as otherwise provided in Section XII of this
Consent Order.
39 . 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, the City
and the 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 covenant not to
sue included in Section X.
40. The Parties agree that each Respondent is entitled, as of the date of such Respondent' s
compliance with the payment terms of this Consent Order, to protection from
contribution actions or claims as provided by Sections 113 (f)(2) and 122(g)(5) of
CERCLA, 42 U . S .C. § § 9613 (f)(2) and 9622(g)(5 ) , for "Matters Addressed" in this
Consent Order. The "Matters Addressed" in this Consent Order are all response actions
taken or to be taken, by the United States, the City, other government entities and private
parties, and all response costs incurred and to be incurred by the United States, the City,
other government entities, and private parties, at or in connection with the Site.
41 , The Parties agree that the City is entitled, as of the effective date of this Consent Order, to
protection from contribution actions or claims as provided by Sections 113 (f)(2) and
122(h)(4) of CERCLA, 42 U . S .C . § § 9613 (f)(2) and 9622(h)(4), for "Matters Addressed"
in this Consent Order. The "Matters Addressed" in this Consent Order are all response
actions taken or to be taken, by the United States , the City, other government entities and
private parties , and all response costs incurred and to be incurred by the United States, the
City, other government entities, and private parties, at or in connection with the Site.
13
XIV. PARTIES BOUND
42 . This Consent Order shall apply to and be binding upon EPA, the City, the Respondents
and their heirs, successors and assigns . Any change in ownership or corporate or other
legal status of a Respondent or the City, including but not limited to, any transfer of
assets or real or personal property, shall in no way alter such Respondent's or the City' s
responsibilities under this Consent Order. Each signatory to this Consent Order certifies
that he or she is authorized to enter into the terms and conditions of this Consent Order
and to execute and bind legally the party represented by him or her.
XV. INTEGRATION/APPENDICES
43 . This Consent Order and its appendices constitute the final, complete and exclusive
agreement and understanding among the Parties with respect to the settlement embodied
in this Consent Order. The Parties acknowledge that there are no representations,
agreements or understandings relating to the settlement other than those expressly
contained in this Consent Order. The following appendices are attached to and
incorporated into this Consent Order:
"Appendix A" is [the list of Respondents] .
"Appendix B " is [the map of the Site] .
"Appendix C" is [the de minimis cost matrix].
XVI. PUBLIC COMMENT
44 . This Consent Order shall be subject to a public comment period of not less than 30 days
pursuant to Section . 122(1) of CERCLA, 42 U .S .C. § 9622(i). In accordance with Section
122(1)(3) of CERCLA, 42 U .S .C. § 9622(i)(3 ), EPA may withdraw or withhold its
consent to this Consent Order if comments received disclose facts or considerations
which indicate that this Consent Order is inappropriate, improper, or inadequate.
XVII. ATTORNEY GENERAL APPROVAL
45 . The Attorney General or his designee has approved the settlement embodied in this
Consent Order in accordance with Section 122(8)(4) of CERCLA, 42 U .S .C. § 9622(g)(4)
and Section 122(h)( 1 ) of CERCLA, 42 U . S .C. § 9622(h)( 1 ), and the Attorney General ' s
authority to compromise and settle claims of the United States.
XVIII. EFFECTIVE DATE
46. The effective date of this Consent Order shall be the date upon which EPA issues written
14
notice that the public comment period pursuant to Section XVI has closed and that
comments received, if any, do not require modification of or EPA withdrawal from this
Consent Order,
47 . Each Respondent and the City shall enter into this Consent Order by signing the signature
page found at the end of this Consent Order. Signature pages shall be sent to :
Andy Hey
U . S . Environmental Protection Agency
Environmental Accountability Division
61 Forsyth Street S .W .
Atlanta, GA 30303
XIX. ACCESS PROVIDED BY THE CITY
48 . Commencing on the effective date of this Consent Order, the City shall provide the
United States , including EPA, its authorized officers, employees , contractors,
representatives , and all other persons performing response actions under EPA oversight,
with access at all reasonable times , upon prior written or verbal notice to the City unless
impracticable, and in coordination with the City's operations at the Peele-Dixie Wellfield,
to such property owned or controlled by the City, for the purpose of conducting any
response activity related to the Site, including, but not limited to, the following activities :
a. Monitoring, investigation, removal , remedial or other related activities at the Site;
b. Verifying any data or information submitted to the United States ;
c . Conducting investigations relating to contamination at or near the Site;
d. Obtaining samples ;
e. Assessing the need for, planning, or implementing additional response actions at
or near the Site; and
f. Assessing compliance with this Consent Order.
15
IT IS SO AGREED AND ORDERED :
IN THE MATTER OF:
Florida Petroleum Reprocessors Superfund Site, Davie, Florida
De Minimis Administrative Order on Consent
U . S . EPA Docket No . CER 04-2004-3751
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
By: Date :
Rosalind H . Brown, Chief
Superfund Enforcement and Information Management Branch
Waste Management Division
U. S . EPA Region 4
61 Forsyth Street, S .W.
Atlanta, Georgia 30303
16
IN THE MATTER OF:
Florida Petroleum Reprocessors Superfund Site, Davie, Florida
De Minimis Administrative Order on Consent
U . S . EPA Docket No . CER 04-2004- 3751
UNITED STATES DEPARTMENT OF JUSTICE
By: Date :
Thomas L. Sansonetti
Assistant Attorney General
Environment and Natural Resources Division
United States Department of Justice
Room 2143
950 Pennsylvania Avenue, N .W.
Washington, D. C . 20530-0001
By: Date :
Amy R. Gillespie
Trial Attorney
Environmental Enforcement Section
Environment and Natural Resources Division
United States Department of Justice
P .O. Box 7611
Washington, D .C . 20044-7611
17
IN THE MATTER OF:
Florida Petroleum Reprocessors Superfund Site, Davie, Florida
De Minimis Administrative Order on Consent
U . S . EPA Docket No . CER 04-2004- 3751
THE UNDERSIGNED enters into this Consent Order in the matter of Docket number CER
04-2004-3751 , relating to the Florida Petroleum Reprocessors Site in Davie, Broward County
Florida
FOR THE CITY OF FORT LAUDERDALE, FLORIDA
By: Date :
18
IN THE MATTER OF:
Florida Petroleum Reprocessors Superfund Site, Davie, Florida
De Minimis Administrative Order on Consent
U. S . EPA Docket No .CER 04-2004-3751
Signature Page for Respondent: Indian River County
THE UNDERSIGNED RESPONDENT enters into this Consent Order in the matter of Docket
number CER 04-2004-3751 , relating to the Florida Petroleum Reprocessors Site in Davie,
Broward County Florida, and hereby agrees to make the following payments as indicated in
Appendix C to this Consent Order:
PAYMEM at
Pavrnent to EPA
8666664041 6664 sea & * & 966 & 660664 S 1 ,220. 51
Payment to City of Ft. Lauderdale . . . .. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . $406 .94
FOR RESPONDENT.
INDIAN RIVER COUNTY
03 - 09 - 2004
Name of Respondent Date
1840 25th Street
Vero Beach , FL 32960
Mailing Address Attest : J . K . Barton , Clerk
U � 7 . _
"00By
Signature Deputy Clerk
Caroline D . Ginn
Chairman
Print Name
APPROVED • APPROVED AS TO FORM
(92o, AND EG SUFFICIENCY
C my A ministrator 19
ARIAN
ASSISTANT COUNTY ATTORNEY
IN THE MATTER OF ,
Florida Petroleum Reprocessors Superfund Site, Davie, Florida
De Minimis Administrative Order on Consent
U . S . EPA Docket No . CER 04-2004- 3751
Signature Page for Respondent : Sandridge Golf Club
THE UNDERSIGNED RESPONDENT enters into this Consent Order in the matter of Docket
number CER 04-2004- 3751 , relating to the Florida Petroleum Reprocessors Site in Davie ,
Broward County Florida, and hereby agrees to make the following payments as indicated in
Appendix C to this Consent Order:
PAYMENT DUE
Paymentto EPA 0000 . . . . . . . . . . . . . . . . . . . . . . . 1110 . . . . . . 0 . 06 . 9 . . . . . . . . . . . . . . . . . . . . . . . . $ 947 . 93
Payment to City of Ft. Lauderdale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 315 . 98
FOR RESPONDENT :
INDIAN RIVER COUNTY March 9 . 2004
Name of Respondent Date BCC Approved
1840 25th Street
Vero Beach , FL 32960
Mailing Address
Attest : J . K . Barton , Clerk
Signature By Qom '
Deputy Cle
Caroline D . Ginn
Chairman
Print Name
APP OV D AS TO FORM
<. I� PROVED : A � AL FFICIENCY
if
c no ami 'istrator N
' 4wg a / � T T COUNTY ATT R Y
J