City of Colton v. American Promotional Events Inc et al

Filing 2047

CONSENT DECREE by Judge Philip S. Gutierrez. (MD JS-6. Case Terminated) (bm)

1
2
3
4
5
6
7
8
9
10

BRUCE GELBER
Deputy Assistant Attorney General
Environment and Natural Resources Division
JAMES R. MacAYEAL (D.C. Bar # 474664)
[e-mail]
BRADLEY R. O’BRIEN (CA Bar # 189425)
[e-mail]
Environmental Enforcement Section
Environment and Natural Resources Division
United States Department of Justice
P.O. Box 7611
Washington, D.C. 20044-7611
Telephone: [phone]
Facsimile: [phone]

E-FILED 12/5/17

JS-6

11

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
WESTERN DIVISION

12
13
14
15
16

CITY OF COLTON, a California
municipal corporation, et al.,

18

[Consolidated with Case Nos. CV 096630 PSG (SSx), CV 09-6632 PSG
(SSx), CV 09-07501 PSG (SSx), CV
09-07508 PSG (SSx), CV 10-00824
PSG (SSx), CV 05-01479 PSG (SSx)]

Plaintiffs,

17

vs.

19
20

Case No. ED CV 09-01864 PSG (SSx)

AMERICAN PROMOTIONAL
EVENTS, INC., et al.,

CONSENT DECREE

21
22
23

Defendants.
_________________________________

24
25

AND CONSOLIDATED ACTIONS

26
27
28

WONG CONSENT DECREE

1

TABLE OF CONTENTS

2

I.

BACKGROUND .................................................................................. - 1 -

3

II.

JURISDICTION ................................................................................... - 3 -

III.

PARTIES BOUND ............................................................................... - 3 -

6

IV.

DEFINITIONS ..................................................................................... - 3 -

7

V.

STATEMENT OF PURPOSE.............................................................. - 9 -

8

VI.

SETTLEMENT OF RESPONSE COSTS............................................ - 9 -

VII.

FAILURE TO COMPLY WITH PAYMENT OBLIGATIONS ....... - 12 -

VIII.

ACCESS AND INSTITUTIONAL CONTROLS.............................. - 13 -

IX.

NOTICE TO SUCCESSORS-IN-TITLE AND TRANSFERS

4
5

9
10
11
12

OF REAL PROPERTY ................................................................. - 18 -

13
14

X.

RELEASE OF EPA LIEN .................................................................. - 19 -

XI.

ACCESS TO INFORMATION.......................................................... - 19 -

17

XII.

RETENTION OF RECORDS ............................................................ - 20 -

18

XIII.

DISPUTE RESOLUTION ................................................................. - 22 -

19

XIV.

COVENANTS AND RESERVATIONS OF RIGHTS BY

15
16

20

PLAINTIFF ...................................................................................- 25 -

21
22

XV.

BETWEEN GOODRICH AND SETTLING DEFENDANT....... - 27 -

23
24

COVENANTS AND RESERVATIONS OF RIGHTS

XVI.

COVENANTS AND RESERVATIONS OF RIGHTS BY

25

SETTLING FEDERAL AGENCIES AND SETTLING

26

DEFENDANT ...............................................................................- 29 -

27

XVII.

EFFECT OF SETTLEMENT/CONTRIBUTION ............................. - 33 -

28

WONG CONSENT DECREE
-i-

1

XVIII.

NOTICES AND SUBMISSIONS ...................................................... - 35 -

2

XIX.

RETENTION OF JURISDICTION ................................................... - 37 -

XX.

INTEGRATION/APPENDICES........................................................ - 37 -

5

XXI.

LODGING AND OPPORTUNITY FOR PUBLIC COMMENT...... - 37 -

6

XXII.

TERMINATION ................................................................................- 38 -

7

XXIII.

FINAL JUDGMENT .......................................................................... - 38 -

3
4

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

WONG CONSENT DECREE
- ii -

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

I.
A.

BACKGROUND

The United States of America (“United States”), on behalf of the

Administrator of the United States Environmental Protection Agency (“EPA”),
filed a complaint in this matter pursuant to Section 107 of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C.
§ 9607, and Section 7003 of the Resource Conservation and Recovery Act, 42
U.S.C. § 6973, seeking injunctive relief and response costs incurred by the United
States relating to the Rockets, Fireworks, and Flares Superfund Site in Rialto,
California. Other parties filed CERCLA and/or state law claims in cases
consolidated with the United States’ case (collectively, the “Consolidated Federal
Action”).
B.

On April 15, 2014, the Court ordered that Jimmy Chi Ho Wong, as

legal trustee for the estate of Chung Ming Wong for decedent Chung Ming Wong
be substituted in this action in place of the deceased Mr. Wong. (Dkt. No. 1872).
C.

On June 15, 2015, the United States filed its second amended

complaint (Dkt. No. 1959) asserting a CERCLA Section 107 claim against the
Estate of Wong, as a successor and as an owner of part of the Site, as defined
below, as well as an in rem claim under 42 U.S.C. § 9607(l) against the property
owned by the Estate of Wong within the Site. In addition, the second amended
complaint seeks a declaratory judgment pursuant to Section 113(g)(2) of
CERCLA, 42 U.S.C. § 9613(g)(2), that the Estate of Wong and the property
subject to the United States’ in rem action are jointly and severally liable to the
United States for response costs and damages and that the finding will be binding
on any subsequent action or actions to recover further response costs or damages
incurred by the United States in connection with the Site.
D.

Goodrich Corporation filed an amended complaint under CERCLA

and state law against the Estate of Wong for: (1) contribution and cost recovery
pursuant to CERCLA Sections 9607 and 9613; (2) indemnification and
WONG CONSENT DECREE
-1-

1

contribution pursuant to California Health & Safety Code Section 25363; (3)

2

declaratory relief pursuant to CERCLA Sections 9607 and 9613; (4) equitable

3

indemnification; (5) declaratory relief for equitable indemnification; (6)

4

contribution under state common law; (7) private nuisance; and (8) trespass. On

5

February 10, 2010, the case was transferred to this Court, and was assigned case

6

number CV 10-00824 PSG (SSx).

7

E.

Prior to the entry of any consent decrees in the Consolidated Action,

8

on March 26, 2012, the Court found that the City of Colton “properly served”

9

Wong Chung Ming and Tung Chun Company and entered a default (vacated)

10

against those parties. (Dkt. No. 1410). In February 2014, Goodrich personally

11

served Jimmy Chi Ho Wong. (Dkt. No. 1860). Jimmy Chi Ho Wong, as the

12

representative of the Estate of Wong Chung Ming, was subsequently substituted

13

for all purposes in place of the deceased Chung Ming Wong. (Dkt. Nos. 1872,

14

1895, 1896). On June 20, 2014, the Estate of Wong Chung Ming waived personal

15

service of process solely as to the United States under the procedures set forth in

16

Rule 4 of the Federal Rules of Civil Procedure. Fed. R. Civ. P. 4. Wong Chung

17

Ming (now the Estate of Wong) is and has been a party to the Consolidated

18

Action. (Dkt. No. 1896).

19

F.

Settling Defendant as defined below, does not admit and specifically

20

denies: (1) any liability arising out of the transactions or occurrences alleged in

21

the claims or deemed by the Court in the Consolidated Federal Action; and (2) the

22

release or threatened release of Waste Material at or from the Site or the RABSP

23

(as defined in Section IV (Definitions)) constitutes, contributed to, or caused an

24

imminent or substantial endangerment to the public health or welfare or the

25

environment.

26

G.

The United States, Goodrich, and the Estate of Wong recognize and

27

the Court by entering this Consent Decree finds, that this Consent Decree has been

28

negotiated by the Parties, as defined below, in good faith, that implementation of
WONG CONSENT DECREE
-2-

1

this Consent Decree will expedite the cleanup of the Site, will avoid prolonged

2

and complicated litigation, and that this Consent Decree is fair, reasonable, and in

3

the public interest.

4

NOW, THEREFORE, it is hereby ORDERED, ADJUDGED and DECREED:

5

II.

6
7
8
9
10
11
12
13

1.

JURISDICTION

This Court has jurisdiction over the subject matter of this action

pursuant to 28 U.S.C. §§ 1331 and 1345; 42 U.S.C. §§ 6973(a), 9607, and
9613(b); and also has personal jurisdiction over Settling Defendant. Solely for the
purposes of this Consent Decree and the underlying complaints, Settling
Defendant waives all objections and defenses that it may have to the jurisdiction
of the Court or to venue in this District. Settling Defendant, Goodrich, and United
Technologies shall not challenge entry or the terms of this Consent Decree or this
Court’s jurisdiction to enter and enforce this Consent Decree.

14

III.

PARTIES BOUND

15

2.

16
17
18
19
20

This Consent Decree is binding upon the United States, Goodrich,

United Technologies, and Settling Defendant. Any change in ownership or
corporate or other legal status, including, but not limited to, any transfer of assets
or real or personal property, shall in no way alter the status or responsibilities of
Settling Defendant under this Consent Decree.
IV.

21

3.

22

DEFINITIONS

Unless otherwise expressly provided in this Consent Decree, terms

23

used in this Consent Decree that are defined in CERCLA or in regulations

24

promulgated under CERCLA shall have the meaning assigned to them in

25

CERCLA or in such regulations. Whenever terms listed below are used in this

26

Consent Decree or in any appendix attached hereto, the following definitions shall

27

apply:

28

WONG CONSENT DECREE
-3-

1

“160-Acre Area” shall mean the area located in San Bernardino County that

2

is bounded by West Casa Grande Drive on the north, Locust Avenue on the east,

3

Alder Avenue on the west, and an extension of Summit Avenue on the south. The

4

160-Acre Area is depicted generally on the map included in Appendix A.

5

“2010 Record of Decision” or “2010 ROD” shall mean the document

6

entitled “USEPA Superfund Interim Action Record of Decision” relating to the

7

Source Area Operable Unit, Rockets, Fireworks, and Flares Superfund Site, San

8

Bernardino County, CA, EPA ID: CAN000905945, dated September 30, 2010,

9

signed by the Assistant Director, Superfund Division, EPA Region 9, and all

10
11

attachments thereto.
“Basin Contaminants” shall mean any type of perchlorate; trichloroethylene

12

(“TCE”); carbon tetrachloride; chloroform; or methylene chloride; including any

13

breakdown or “daughter” products of the foregoing.

14
15

“CERCLA” shall mean the Comprehensive Environmental Response,
Compensation, and Liability Act, 42 U.S.C. §§ 9601-9675.

16

“Certification of Completion of the Final Remedial Action” shall mean the

17

certification of completion of the remedial action associated with the Final Record

18

of Decision for the Site.

19

“Consent Decree” or “Wong Consent Decree” shall mean this Consent

20

Decree and all appendices attached hereto. In the event of conflict between this

21

Consent Decree and any appendix, this Consent Decree shall control.

22

“Consolidated Federal Action” shall mean City of Colton v. American

23

Promotional Events, Inc., et al., Case No. ED CV 09-01864 PSG (SSx); Goodrich

24

Corporation v. Chung Ming Wong, et al., Case No. CV 09-6630 PSG (SSx);

25

County of San Bernardino, et al., v. Tung Chun Co., et al., Case No. CV 09-06632

26

PSG (SSx); City of Rialto and Rialto Utility Authority v. United States

27

Department of Defense, et al., Case No. CV 09-7501 PSG (SSx); and Emhart

28

Industries, Inc. v. American Promotional Events, Inc.-West, et al., Case No. CV
WONG CONSENT DECREE
-4-

1

09-07508 PSG (SSx), all of which were consolidated pursuant to an order issued

2

on January 20, 2010; and United States of America v. Goodrich Corporation, et

3

al., Case No. 10-00824 PSG (SSx), which was consolidated with the previously

4

consolidated cases pursuant to an order issued on June 3, 2010; and City of Colton

5

v. American Promotional Events, Inc., et al., Case No. ED CV 05-01479 PSG

6

(SSx).

7

“County” shall mean the County of San Bernardino and any of its present,

8

former, or future subdivisions, departments, commissions, agencies, or

9

instrumentalities.

10

“County Property” shall mean the property known as the Mid Valley

11

Sanitary Landfill, which is currently owned by the County of San Bernardino,

12

including those areas currently leased to Robertson’s Ready Mix. The County

13

Property is bounded by Summit Avenue on the north, generally by Alder Avenue

14

on the east (until Alder Avenue terminates at or within the Robertson’s Ready

15

Mix leasehold), generally by the municipal boundaries of the Cities of Fontana

16

and Rialto on the west except for a strip of land located in the City of Fontana, and

17

by Casmalia Street on the south. The County Property is depicted generally on

18

the map included in Appendix A.

19

“Day” or “day” shall mean a calendar day unless expressly stated to be a

20

working day. The term “working day” shall mean a day other than a Saturday,

21

Sunday, or federal holiday. In computing any period of time under this Consent

22

Decree, where the last day would fall on a Saturday, Sunday, or federal holiday,

23

the period shall run until the close of business of the next working day.

24
25

“DOJ” shall mean the United States Department of Justice and its successor
departments, agencies, or instrumentalities.

26

“Effective Date” shall mean the date upon which this Consent Decree is

27

entered by the District Court as recorded on the District Court docket, or, if the

28

District Court instead issues an order approving the Consent Decree, the date such
WONG CONSENT DECREE
-5-

1
2
3
4

order is recorded on the District Court docket, whichever occurs first.
“EPA” shall mean the United States Environmental Protection Agency and
its successor departments, agencies, or instrumentalities.
“EPA Hazardous Substance Superfund” shall mean the Hazardous

5

Substance Superfund established by the Internal Revenue Code, 26 U.S.C. § 9507.

6

“Final Record of Decision” shall mean the final Record of Decision (and all

7

attachments) for the Site that will be signed by EPA in the future, and after

8

lodging of this Consent Decree.

9
10
11
12
13

“Final Remedial Action” shall mean activities associated with
implementing the Final Record of Decision.
“Goodrich” shall mean Goodrich Corporation and its officers, directors and
employees acting in their official capacity.
“Interest” shall mean interest at the rate specified for interest on

14

investments of the EPA Hazardous Substance Superfund established by 26 U.S.C.

15

§ 9507, compounded annually on October 1 of each year, in accordance with 42

16

U.S.C. § 9607(a). The applicable rate of interest shall be the rate in effect at the

17

time the interest accrues. The rate of interest is subject to change on October 1 of

18

each year.

19

“Institutional Controls” or “ICs” shall mean Proprietary Controls and state

20

or local laws, regulations, ordinances, zoning restrictions, or other governmental

21

controls or notices that: (a) limit land, water, and/or resource use to minimize the

22

potential for human exposure to Waste Material at or in connection with the Site;

23

(b) limit land, water, and/or resource use to implement, ensure non-interference

24

with, or ensure the protectiveness of the remedial action; and/or (c) provide

25

information intended to modify or guide human behavior at or in connection with

26

the Site.

27
28

WONG CONSENT DECREE
-6-

1

“Modification” shall mean the United States’ and Goodrich’s modification

2

of the OU2/OU3 Consent Decree, which the United States and Goodrich are

3

jointly submitting to the Court for approval.

4

“OU2/OU3 Consent Decree” shall mean the Consent Decree involving the

5

United States, Goodrich, and United Technologies Corporation that was entered

6

on July 2, 2013. (Dkt. No. 1821).

7
8
9

“Paragraph” shall mean a portion of this Consent Decree identified by an
Arabic numeral or an upper or lower case letter.
“Parties” shall mean the United States, Goodrich, and Settling Defendant.

10

“Plaintiff” shall mean the United States.

11

“Proprietary Controls” shall mean easements or covenants running with the

12

land that: (a) limit land, water, or resource use and/or provide access rights, and

13

(b) are created pursuant to common law or statutory law by an instrument that is

14

recorded by the owner in the appropriate land records office.

15

“RABSP” shall mean the parcel of land originally containing the former

16

Rialto Ammunition Backup Storage Point, located in San Bernardino County,

17

California. The 160-Acre Area is within the geographic area of the RABSP. The

18

RABSP is depicted generally on the map included in Appendix A.

19
20
21
22

“RABSP Site” shall mean the RABSP and all areas where contamination
from the RABSP otherwise comes to be located.
“RCRA” shall mean the Solid Waste Disposal Act, as amended, 42 U.S.C.
§§ 6901, et seq.

23

“Rockets, Fireworks, and Flares Superfund Site” or “Site” formerly known

24

as the Locust Avenue Superfund Site or the B.F. Goodrich Superfund Site in San

25

Bernardino County, California, which includes the 160-Acre Area and all areas

26

where contamination from the 160-Acre Area otherwise comes to be located.

27
28

“Section” shall mean a portion of this Consent Decree identified by a
Roman numeral.
WONG CONSENT DECREE
-7-

1

“Settling Defendant” or “Estate of Wong” shall mean Jimmy Chi Ho Wong,

2

as representative of the Estate of Chung Ming Wong, as well as the Estate of

3

Wong’s heirs, successors and assigns.

4

“Settling Federal Agencies” shall mean any federal agency, department, or

5

instrumentality named or alleged to be liable for contamination in the

6

Consolidated Federal Action, including but not limited to the United States Army,

7

the Department of the Navy, the United States Air Force, the United States

8

Department of Defense, the Farm Credit Administration, the United States

9

Customs and Border Protection, the National Aeronautics and Space

10

Administration, the United States Department of Energy, Lawrence Livermore

11

National Laboratory, the United States Forest Service, and any other federal entity

12

that is alleged to have transported, disposed of, or released any Waste Material

13

within the area encompassed by the RABSP Area, as depicted in Appendix A, and

14

any of their predecessors or successors.

15

“State” shall mean the State of California.

16

“Stonehurst Property” shall mean the approximate 5-acre property in the

17

County of San Bernardino, County APNs 1133-07-105, 1133-07-106, and 1133-

18

07-107, collectively, located at 2298 West Stonehurst Drive, Rialto, California.

19

The Stonehurst Property is depicted generally on the map included in Appendix

20

A.

21

“Transfer” shall mean shall mean to sell, assign, convey, lease, mortgage,

22

or grant a security interest in, or where used as a noun, a sale, assignment,

23

conveyance, or other disposition of any interest by operation of law or otherwise.

24

“United States” shall mean the United States of America and each

25

department, agency, and instrumentality of the United States, specifically

26

including EPA and Settling Federal Agencies.

27
28

“United Technologies” shall mean the United Technologies Corporation
and its officers, directors and employees acting in their official capacity.
WONG CONSENT DECREE
-8-

1

“Waste Material” shall mean: (a) any hazardous substance under Section

2

101(14) of CERCLA, 42 U.S.C. § 9601(14); (b) any pollutant or contaminant

3

under Section 101(33) of CERCLA, 42 U.S.C. § 9601(33); (c) any “solid waste”

4

under Section 1004(27) of RCRA, 42 U.S.C. § 6903(27); and (4) any “hazardous

5

waste” under California law, including California Health & Safety Code

6

§§ 25100, et seq.

7

“West Side Area” shall mean the County Property and the Stonehurst

8

Property. The West Side Area is depicted generally on the map included in

9

Appendix A.

10

“West Side Site” shall mean the West Side Area and all areas where TCE

11

and perchlorate contamination from the West Side Area otherwise comes to be

12

located.

13

“Wong Estate Parcel” shall mean those parcels of land comprising

14

approximately 62 acres with the Assessor’s Parcel Numbers (“APNs”) of: 0239-

15

192-14-0000, 0239-192-15-0000, 0239-192-16-0000, 0239-192-17-0000, and

16

0239-192-18-0000 commonly known as 3196 North Locust, Rialto, California,

17

which is part of the Site. The Wong Estate Parcel is depicted on a map included

18

in Appendix B.

19
20
21
22

V.
4.

STATEMENT OF PURPOSE

By entering into this Consent Decree, the mutual objectives of the

Parties are to avoid difficult and prolonged litigation and resolve claims as set
forth herein.

23

VI.

SETTLEMENT OF RESPONSE COSTS

24
25
26
27
28

5.

Payments. The Estate of Wong shall pay a total of five million nine

hundred thousand dollars ($5,900,000) to resolve the litigation. Of the total
amount paid by the Estate of Wong, Plaintiff shall receive two million nine
hundred fifty thousand dollars ($2,950,000). Subject to the Court’s approval of
the Modification of the OU2/OU3 Consent Decree, Goodrich shall receive two
WONG CONSENT DECREE
-9-

1

million nine hundred fifty thousand dollars ($2,950,000) and any accrued interest

2

shall be shared equally by Plaintiff (50 percent) and Goodrich (50 percent). All

3

dollar amounts described in the Consent Decree are in United States Dollars

4

(“USD”).

5

a.

On August 14, 2015, the Estate of Wong paid two million nine

6

hundred fifty thousand dollars ($2,950,000) into the Registry of the Court for the

7

Central District of California (“Registry”). (Dkt. No. 1963). In the event that the

8

Consent Decree and Modification of the OU2/OU3 Consent Decree are finalized

9

and entered by the Court, within thirty (30) days of the Effective Date, the two

10

million nine hundred fifty thousand dollars ($2,950,000) plus interest shall be

11

disbursed from the Registry and shared equally between Plaintiff (50 percent) and

12

Goodrich (50 percent). If the Modification is not approved by the Court within

13

twenty-one (21) days of the Effective Date of the Consent Decree, the Estate of

14

Wong’s settlement payments shall not be made directly to Goodrich but shall be

15

made in accordance with the terms of the existing OU2/OU3 Consent Decree.

16

b.

On March 3, 2016, the Estate of Wong paid two million nine

17

hundred fifty thousand dollars ($2,950,000) into the Registry. (Dkt. No. 1990).

18

In the event that the Consent Decree and Modification of the OU2/OU3 Consent

19

Decree are finalized and entered by the Court, within thirty (30) days of the

20

Effective Date, this additional two million nine hundred fifty thousand dollars

21

($2,950,000) plus interest shall be disbursed from the Registry and shared equally

22

between Plaintiff (50 percent) and Goodrich (50 percent). If the Modification is

23

not approved by the Court within twenty-one (21) days of the Effective Date of

24

the Consent Decree, the Estate of Wong’s settlement payments shall not be made

25

directly to Goodrich but shall be made in accordance with the terms of the existing

26

OU2/OU3 Consent Decree.

27

c.

28

Nothing in this Consent Decree shall be construed to require

Goodrich or United Technologies to undertake any additional obligations, over
WONG CONSENT DECREE
- 10 -

1

and above those included in the OU2/OU3 Consent Decree or the Administrative

2

Order on Consent dated February 26, 2013.

3
4

6.

Payment Instructions.
a.

Any payments due Plaintiff pursuant to Section VI (Settlement

5

of Response Costs) shall be made in accordance with instructions provided

6

Settling Defendant by EPA or the Financial Litigation Unit (“FLU”) of the United

7

States Attorney’s Office for the Central District of California for disbursement

8

from the Registry.

9

b.

Any payments due to Goodrich pursuant to Section VI

10

(Settlement of Response Costs), subject to the Court’s approval of the

11

Modification, shall be made in accordance with instructions provided to Settling

12

Defendant by Goodrich for disbursement from the Registry.

13

c.

At the time of the final payment required by Subparagraphs 5a.

14

and 5b. after the Effective Date, Settling Defendant shall send notice to DOJ,

15

EPA, Settling Federal Agencies, and Goodrich that disbursement from the

16

Registry has been requested in accordance with Section XVIII (Notices and

17

Submissions), and to the EPA Cincinnati Finance Office by email at

18

[e-mail], or by mail to:

19

EPA Cincinnati Finance Office

20

26 Martin Luther King Drive

21

Cincinnati, Ohio 45268

22
23
24
25
26
27
28

Such notice shall reference the Site/Spill ID Number 09JW, and DOJ Case
Number 90-11-2-09952.
d.

The total amount of each disbursement to be made from the

Registry to Plaintiff shall be deposited by EPA into a Site Special Account
(Site/Spill ID Number 09JW) to be retained and used to conduct or finance
response actions at or in connection with the Site, and/or to be transferred by EPA
to the EPA Hazardous Substance Superfund.
WONG CONSENT DECREE
- 11 -

1

VII.

2

7.

FAILURE TO COMPLY WITH PAYMENT OBLIGATIONS
Interest on Payment. If Settling Defendant fails to request any

3

disbursement from the Registry required by Section VI (Settlement of Response

4

Costs) by the required due date, Interest shall accrue on the unpaid balance owed

5

by Settling Defendant from the date payment is due through the date of payment.

6

Interest and stipulated penalties shall continue to accrue on any unpaid amounts

7

until the total amount due has been received.

8
9

8.

Stipulated Penalties.
a.

If any amounts due Plaintiff are not requested for disbursement

10

from the Registry by their respective required date(s), Settling Defendant shall be

11

in violation of this Consent Decree and shall pay, as a stipulated penalty, in

12

addition to the Interest required by Paragraph 7, five thousand dollars ($5,000) per

13

violation per day to the United States for each day such payment is late.

14

b.

If Settling Defendant does not comply with the access and/or

15

Institutional Controls provisions of Section VIII (Access and Institutional

16

Controls), Settling Defendant shall be in violation of this Consent Decree and

17

shall pay to the United States, as a stipulated penalty, five thousand dollars

18

($5,000) per violation per day of such noncompliance.

19

c.

Stipulated penalties are due and payable within thirty (30) days

20

after the date of the United States’ demand for payment of the penalty or

21

penalties. All payments of stipulated penalties owed to the United States under

22

this Paragraph shall be identified as “stipulated penalties” and shall be made in

23

accordance with instructions provided Settling Defendant by the United States.

24

Such payment shall reference Site/Spill ID Number 09JW, and DOJ Case Number

25

90-11-2-09952. At the time of payment of a stipulated penalty for nonpayment to

26

the United States as described in Subparagraph 8a., Settling Defendant shall send

27

notice to DOJ and EPA that payment has been made in accordance with Section

28

XVIII (Notices and Submissions). Such notice shall reference Site/Spill ID
WONG CONSENT DECREE
- 12 -

1

Number 09JW and DOJ Case Number 90-11-2-09952.

2

d.

Penalties shall accrue as provided in this Paragraph regardless

3

of whether the United States has notified Settling Defendant of the violation or

4

made a demand for payment, but need only be paid upon demand. All penalties

5

shall begin to accrue on the day after payment is due and shall continue to accrue

6

through the date of payment. Nothing in this Consent Decree shall prevent the

7

simultaneous accrual of separate penalties for separate violations of this Consent

8

Decree.

9

9.

Payments made under this Section shall be in addition to any other

10

remedies or sanctions available to the United States by virtue of Settling

11

Defendant’s failure to comply with the requirements of this Consent Decree.

12

10.

Notwithstanding any other provision of this Section, the United

13

States may, in its unreviewable discretion, waive payment of any portion of the

14

stipulated penalties due to the United States pursuant to this Consent Decree.

15

Payment of stipulated penalties shall not excuse Settling Defendant from payment

16

as required by Section VI (Settlement of Response Costs) or from performance of

17

any other requirements of this Consent Decree.

18
19
20
21
22
23
24
25
26
27
28

VIII.
11.

ACCESS AND INSTITUTIONAL CONTROLS

Settling Defendant shall:
a.

Commencing on the date of lodging of this Consent Decree,

and at no charge, provide the United States and its representatives (including EPA
and its contractors), and any potential responsible party conducting response
actions at the Site under EPA oversight (including, without limitation, the settling
work defendant in any other consent decree the United States has entered into or
shall enter into the Consolidated Federal Action, as well as their agents and
contractors), with access at all reasonable times, and, where feasible, with five (5)
working days’ notice, to the Wong Estate Parcel for the purpose of conducting any
response actions related to the Site including, but not limited to, the following
WONG CONSENT DECREE
- 13 -

1

activities:

2
3

(1)

Monitoring of investigation, removal, remedial, or other

response actions at the Site;

4

(2)

Verifying any data or information submitted to the

(3)

Conducting investigations relating to contamination at

8

(4)

Obtaining samples;

9

(5)

Assessing the need for, planning, or implementing

5

United States;

6
7

10

or near the Site;

additional response actions at or near the Site;

11

(6)

Inspecting and copying records, operating logs,

12

contracts, or other documents maintained or generated by Settling Defendant or its

13

agents, consistent with Section XI (Access to Information);

14
15

(7)

Assessing Settling Defendant’s compliance with this

(8)

Determining whether the Site, Wong Estate Parcel, or

Consent Decree;

16
17

other property is being used in a manner that is prohibited or restricted, or that

18

may need to be prohibited or restricted, by or pursuant to this Consent Decree;

19

(9)

Implementing removal or remedial actions as selected

20

by EPA, including but not limited to any potential capping of the Wong Estate

21

Parcel or Site, or any portion(s) thereof and implementing, monitoring,

22

maintaining, reporting on, and enforcing any Institutional Controls; (a) installing,

23

monitoring, and maintaining liquid, groundwater, soil gas and other wells or

24

probes; and (b) installing, monitoring, and operating any monitoring and

25

extraction system, including liquids and gas extraction systems.

26

b.

Commencing on the date of lodging of this Consent Decree,

27

refrain from using the Wong Estate Parcel in any manner that would interfere with

28

or adversely affect the implementation, integrity, or protectiveness of the remedial
WONG CONSENT DECREE
- 14 -

1

measures implemented pursuant to the 2010 ROD or to be implemented pursuant

2

to the Final Record of Decision.

3

c.

Commencing on the date of lodging of this Consent Decree,

4

Settling Defendant shall provide EPA thirty (30) days notice if Settling Defendant

5

intends to disturb subsurface soils or sediments ten (10) or more inches below

6

ground surface in the portions of the Wong Estate Parcel identified in Appendix

7

B. If, in the future, EPA issues any removal or remedial decision document(s)

8

related to the Site, Settling Defendant hereby agrees to refrain from using the

9

Wong Estate Parcel, or any portion thereof specifically identified in any future

10

removal or remedial decision, in any manner that would interfere with or

11

adversely affect the implementation, integrity, or protectiveness of those future

12

measures to be implemented at the Site.

13

d.

Settling Defendant also hereby agrees to implement any

14

Institutional Control(s), including but not limited to land or water use restrictions,

15

that may be selected by EPA for the Site or the Wong Estate Parcel, or any

16

portion(s) thereof, in any removal or remedial action affecting the Wong Estate

17

Parcel, or any portion(s) thereof.

18

e.

Settling Defendant shall execute and record in the appropriate

19

land records office Proprietary Controls that: (i) grant a right of access to conduct

20

any activity regarding the Consent Decree and any future removal or remedial

21

action concerning the Site including, but not limited to, those activities listed in

22

Subparagraphs 11a. – c.; and (ii) grant the right to enforce any land/water use

23

restrictions required by Subparagraph 11d., including, but not limited to, any

24

land/water use restrictions listed in any future Institutional Control

25

Implementation and Assurance Plan. The Proprietary Controls shall be granted to

26

one or more of the following persons, as determined by EPA: (i) the United States

27

(ii) the State and its representatives; (iii) any settling work defendant in any other

28

consent decree the United States has entered into or shall enter into in the
WONG CONSENT DECREE
- 15 -

1

Consolidated Federal Action and their representatives; and/or (iv) other

2

appropriate grantees. The Proprietary Controls, other than those granted to the

3

United States, shall include a designation that EPA (and/or the State as

4

appropriate) is a third-party beneficiary, allowing EPA to maintain the right to

5

enforce the Proprietary Controls without acquiring an interest in real property. If

6

any Proprietary Controls are granted to Settling Defendant pursuant to this

7

Paragraph, then Settling Defendant shall monitor, maintain, report on, and enforce

8

such Proprietary Controls.

9

f.

Settling Defendant has informed EPA that Settling Defendant

10

may seek to develop the Wong Estate Parcel and future development may include,

11

but is not limited to, greenbelts, park areas, landscaping, and attendant irrigation,

12

or other uses. If Settling Defendant seeks to develop the Wong Estate Parcel,

13

Settling Defendant must comply with this Consent Decree, including the

14

provisions of this Section. If Settling Defendant notifies EPA that Settling

15

Defendant intends to develop the Wong Estate Parcel, EPA may reasonably meet

16

with the Settling Defendant to discuss the impact of any Institutional Controls

17

upon future uses of the Wong Estate Parcel. The Parties acknowledge that it is

18

EPA’s policy to support appropriate redevelopment and reuse of formerly

19

contaminated sites, and EPA will, in its discretion and in accordance with its

20

policies, provide technical information to affected decision-makers seeking to

21

understand the scope and protectiveness of the selected remedy as set forth in the

22

appropriate decision documents. It is understood that any removal or remedial

23

measures, including, but not limited to any capping to be imposed on all or part of

24

the Wong Parcel by EPA, will be selected in accordance with CERCLA and not

25

inconsistent with the National Contingency Plan, 40 C.F.R. Part 300.

26

12.

If EPA determines that Institutional Controls on the Wong Estate

27

Parcel, including, but not limited to, environmental restriction covenants under

28

state or local laws, regulations, ordinances, or other governmental controls, are
WONG CONSENT DECREE
- 16 -

1

needed to implement any removal or remedial action selected by EPA, ensure the

2

integrity and protectiveness thereof, ensure non-interference therewith, or

3

otherwise protect public health or welfare and the environment, Settling

4

Defendant shall cooperate with EPA’s efforts to secure such Institutional Controls

5

and/or governmental controls.

6

13.

Notwithstanding any provision of this Consent Decree, the United

7

States retains all of its information gathering, inspection, and access authorities

8

and rights, as well as all of its rights to require land use restrictions, including

9

enforcement authorities related thereto, under CERCLA, RCRA, and any other

10
11
12

applicable statute or regulations.
14.

Modification of the Land Use Restrictions.
a.

If EPA determines that modifications or additions to the

13

land/water use restrictions are necessary to carry out and maintain the

14

effectiveness of any removal or remedial action, EPA may require that such

15

modifications or additions be incorporated in the land/water use restrictions,

16

provided, however, that a modification or addition may only be required pursuant

17

to this Paragraph to the extent that it is consistent with the scope of the removal or

18

remedial action selected by EPA.

19

b.

If Settling Defendant objects to any modification or addition

20

determined by EPA to be necessary pursuant to this Paragraph, it may seek

21

dispute resolution pursuant to Section XIII (Dispute Resolution), Paragraph 27.

22

The land/water use restrictions shall be modified in accordance with final

23

resolution of the dispute.

24

c.

Settling Defendant shall implement any land/water use

25

restrictions required by any modifications or additions incorporated in the

26

land/water use restrictions in accordance with this Paragraph.

27
28

WONG CONSENT DECREE
- 17 -

1

IX.

2
3

15.

NOTICE TO SUCCESSORS-IN-TITLE AND TRANSFERS OF
REAL PROPERTY
Settling Defendant shall, at least sixty (60) days prior to any Transfer

4

of any real property located at the Site, give written notice: (a) to the transferee

5

regarding the Consent Decree and any Institutional Controls regarding the real

6

property; and (b) to EPA and the State regarding the proposed Transfer, including

7

the name and address of the transferee and the date on which the transferee was

8

notified of the Consent Decree and any Institutional Controls.

9

16.

Settling Defendant may Transfer any real property located at the Site

10

only if: (a) any Proprietary Controls required by Subparagraph 11e. have been

11

recorded with respect to the real property; or (b) Settling Defendant has obtained

12

an agreement from the transferee, enforceable by Settling Defendant and the

13

United States, to: (i) allow access and restrict land/water use, consistent with

14

Subparagraphs 11a. – d., (ii) record any Proprietary Controls on the real property,

15

consistent with Subparagraph 11e., and (iii) subordinate its rights to any such

16

Proprietary Controls, consistent with Subparagraph 11e., and EPA has approved

17

the agreement in writing. If, after a Transfer of the real property, the transferee

18

fails to comply with the agreement provided for in this Paragraph, Settling

19

Defendant shall take all reasonable steps to obtain the transferee’s compliance

20

with such agreement. The United States may seek the transferee’s compliance

21

with the agreement and/or assist Settling Defendant in obtaining compliance with

22

the agreement. Settling Defendant shall reimburse the United States for all costs

23

incurred, direct or indirect, by the United States regarding obtaining compliance

24

with such agreement, including, but not limited to, the cost of attorney time.

25

17.

In the event of any Transfer of real property located at the Site,

26

unless the United States otherwise consents in writing, Settling Defendant shall

27

continue to comply with its obligations under the Consent Decree, including, but

28

not limited to, its obligation to provide and/or secure access, to implement,
WONG CONSENT DECREE
- 18 -

1

maintain, monitor, and report on Institutional Controls, and to abide by such

2

Institutional Controls.

3
4
5
6
7
8

X.
18.

RELEASE OF EPA LIEN

Upon the Effective Date and upon receipt by EPA and Goodrich of

all amounts required by Section VI (Settlement of Response Costs) and any
amounts due under Section VII (Failure to Comply with Payment Obligations),
EPA will file a release of all liens perfected on the Wong Estate Parcel pursuant to
Section 107(l) of CERCLA, 42 U.S.C. § 9607(l).

9

XI.

ACCESS TO INFORMATION

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

19.

Settling Defendant shall provide to EPA and the State, upon request,

copies of all records, reports, documents, and other information (including
records, reports, documents, and other information in electronic form) (hereinafter
referred to as “Records”) within its possession or control or that of its contractors
or agents relating to activities at the Site or to the implementation of this Consent
Decree, including, but not limited to, sampling, analysis, chain of custody records,
manifests, trucking logs, receipts, reports, sample traffic routing, correspondence,
or other documents or information regarding the Wong Estate Parcel or the Site.
Settling Defendant shall also make available to EPA and the State, for purposes of
investigation, information gathering, or testimony, its employees, agents, or
representatives with knowledge of relevant facts concerning the Site.
20.

Business Confidential and Privileged Documents.
a.

Settling Defendant may assert business confidentiality claims

covering part or all of the Records submitted to Plaintiff under this Consent
Decree to the extent permitted by and in accordance with Section 104(e)(7) of
CERCLA, 42 U.S.C. § 9604(e)(7), and 40 C.F.R. § 2.203(b). Records determined
to be confidential by EPA will be afforded the protection specified in 40 C.F.R.
Part 2, Subpart B. If no claim of confidentiality accompanies Records when they
are submitted to EPA and the State, or if EPA has notified Settling Defendant that
WONG CONSENT DECREE
- 19 -

1

the Records are not confidential under the standards of Section 104(e)(7) of

2

CERCLA or 40 C.F.R. Part 2, Subpart B, the public may be given access to such

3

Records without further notice to Settling Defendant.

4

b.

Settling Defendant may assert that certain Records are

5

privileged under the attorney-client privilege or any other privilege recognized by

6

federal law. If Settling Defendant asserts such a privilege in lieu of providing

7

Records, it shall provide Plaintiff with the following: (1) the title of the Record;

8

(2) the date of the Record; (3) the name, title, affiliation (e.g., company or firm),

9

and address of the author of the Record; (4) the name and title of each addressee

10

and recipient; (5) a description of the contents of the Record; and (6) the privilege

11

asserted by Settling Defendant. If a claim of privilege applies only to a portion of

12

a Record, the Record shall be provided to Plaintiff in redacted form to mask the

13

privileged portion only. Settling Defendant shall retain all Records that it claims

14

to be privileged until Plaintiff has had a reasonable opportunity to dispute the

15

privilege claim and any such dispute has been resolved.

16

c.

No Records created or generated pursuant to the requirements

17

of this Consent Decree shall be withheld from Plaintiff on the grounds that they

18

are privileged or confidential.

19
20
21
22
23
24
25
26
27
28

XII.
21.

RETENTION OF RECORDS

Except for those documents that have been produced in the

Consolidated Federal Action, Settling Defendant shall preserve and retain all nonidentical copies of records, reports, or information now in its possession or
control, or that come into its possession or control, that relate in any manner to
response actions taken at the Site or the RABSP Site, or its or any other person’s
liability under CERCLA with respect to the Site or RABSP Site, until ten (10)
years after EPA’s Certification of Completion of the Final Remedial Action.
Settling Defendant must also retain, and instruct its contractors and agents to
preserve, for the same period of time specified above, all non-identical copies of
WONG CONSENT DECREE
- 20 -

1

the last draft or final version of any Records (including Records in electronic

2

form) now in its possession or control or that come into its possession or control

3

that relate in any manner to the implementation of Institutional Controls,

4

provided, however, Settling Defendant (and its contractors and agents) must

5

retain, in addition, copies of all data generated during the implementation of

6

Institutional Controls, if any, that are not contained in the aforementioned Records

7

required to be retained. Each of the above record retention requirements shall

8

apply regardless of any corporate retention policy to the contrary.

9

22.

After the conclusion of the document retention period in the

10

preceding Paragraph, Settling Defendant shall notify EPA and DOJ at least ninety

11

(90) days prior to the destruction of any such Records, and, upon request by EPA

12

or DOJ, Settling Defendant shall deliver any such Records to EPA. Settling

13

Defendant may assert that certain Records are privileged under the attorney-client

14

privilege or any other privilege recognized by federal law. If Settling Defendant

15

asserts such a privilege in lieu of providing Records, it shall provide Plaintiff with

16

the following: (a) the title of the Record; (b) the date of the Record; (c) the name,

17

title, affiliation (e.g., company or firm), and address of the author of the Record;

18

(d) the name and title of each addressee and recipient; (e) a description of the

19

subject of the Record; and (f) the privilege asserted. If a claim of privilege applies

20

only to a portion of a Record, the Record shall be provided to Plaintiff in redacted

21

form to mask the privileged portion only. Settling Defendant shall retain all

22

Records that it claims to be privileged until the United States has had a reasonable

23

opportunity to dispute the privilege claim and any such dispute has been resolved

24

in Settling Defendant’s favor. However, no Records created or generated

25

pursuant to the requirements of this Consent Decree or any other settlement with

26

EPA pertaining to the RABSP Site shall be withheld from the United States on the

27

grounds that they are privileged or confidential.

28

23.

Settling Defendant certifies individually that, to the best of its
WONG CONSENT DECREE
- 21 -

1

knowledge and belief, after thorough inquiry, it has not altered, mutilated,

2

discarded, destroyed, or otherwise disposed of any Records (other than identical

3

copies) relating to its potential liability regarding the Site since the earlier of

4

notification of potential liability by the United States or the State or the filing of

5

suit against it regarding the Site and that it has fully complied with any and all

6

EPA and State requests for information regarding the Site pursuant to Sections

7

104(e) and 122(e) of CERCLA, 42 U.S.C. §§ 9604(e) and 9622(e), Section 3007

8

of RCRA, 42 U.S.C. § 6927, and state law.

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

XIII.
24.

DISPUTE RESOLUTION

Unless otherwise expressly provided for in this Consent Decree, the

dispute resolution procedures of this Section shall be the exclusive mechanism to
resolve disputes regarding this Consent Decree. However, the procedures set
forth in this Section shall not apply to actions by the United States to enforce
obligations of Settling Defendant that have not been disputed in accordance with
this Section.
25.

Any dispute regarding this Consent Decree shall in the first instance

be the subject of informal negotiations between the parties to the dispute. The
period for informal negotiations shall not exceed twenty (20) days from the time
the dispute arises, unless it is modified by written agreement of the parties to the
dispute. The dispute shall be considered to have arisen when one party sends the
other parties a written Notice of Dispute.
26.

Statements of Position.
a.

In the event that the parties cannot resolve a dispute by

informal negotiations under the preceding Paragraph, then the position advanced
by EPA shall be considered binding unless, within thirty (30) days after the
conclusion of the informal negotiation period, Settling Defendant invokes the
formal dispute resolution procedures of this Section by serving on the United
States a written Statement of Position on the matter in dispute, including, but not
WONG CONSENT DECREE
- 22 -

1

limited to, any factual data, analysis, or opinion supporting that position and any

2

supporting documentation relied upon by Settling Defendant. The Statement of

3

Position shall specify Settling Defendant’s position as to whether formal dispute

4

resolution should proceed under Paragraph 27 or 28.

5

b.

Within thirty (30) days after receipt of Settling Defendant’s

6

Statement of Position, EPA will serve on Settling Defendant its Statement of

7

Position, including, but not limited to, any factual data, analysis, or opinion

8

supporting that position and all supporting documentation relied upon by EPA.

9

EPA’s Statement of Position shall include a statement as to whether formal

10

dispute resolution should proceed under Paragraph 27 or 28. Within thirty (30)

11

days after receipt of EPA’s Statement of Position, Settling Defendant may submit

12

a Reply.

13

c.

If there is disagreement between EPA and Settling Defendant

14

as to whether dispute resolution should proceed under Paragraph 27 or 28, the

15

parties to the dispute shall follow the procedures set forth in the paragraph

16

determined by EPA to be applicable. However, if Settling Defendant ultimately

17

appeals to the Court to resolve the dispute, the Court shall determine which

18

paragraph is applicable in accordance with the standards of applicability set forth

19

in Paragraphs 27 and 28.

20

27.

Record Review. Formal dispute resolution for disputes pertaining to

21

the selection or adequacy of any response action and all other disputes that are

22

accorded review on the administrative record under applicable principles of

23

administrative law shall be conducted pursuant to the procedures set forth in this

24

Paragraph. For purposes of this Paragraph, the adequacy of any response action

25

includes, without limitation, the adequacy or appropriateness of plans, procedures

26

to implement plans, or any other items requiring approval by EPA under this

27

Consent Decree, and the adequacy of the performance of response actions taken

28

pursuant to this Consent Decree. Nothing in this Consent Decree shall be
WONG CONSENT DECREE
- 23 -

1

construed to allow any dispute by Settling Defendant regarding the validity of the

2

2010 ROD’s or the Final Record of Decision’s provisions.

3

a.

An administrative record of the dispute shall be maintained by

4

EPA and shall contain all statements of position, including supporting

5

documentation, submitted pursuant to this Section. Where appropriate, EPA may

6

allow submission of supplemental statements of position by the parties to the

7

dispute.

8
9

b.

The Director of the Superfund Division, EPA Region IX, will

issue a final administrative decision resolving the dispute based on the

10

administrative record described in Subparagraph 27a. This decision shall be

11

binding upon Settling Defendant, subject only to the right to seek judicial review

12

pursuant to Subparagraphs 27c. and 27d.

13

c.

Any administrative decision made by EPA pursuant to

14

Subparagraph 23b. shall be reviewable by this Court, provided that a motion for

15

judicial review of the decision is filed by Settling Defendant with the Court and

16

served on all Parties within ten (10) days after receipt of EPA’s decision. The

17

motion shall include a description of the matter in dispute, the efforts made by the

18

parties to resolve it, the relief requested, and the schedule, if any, within which the

19

dispute must be resolved to ensure orderly implementation of this Consent Decree.

20

The United States may file a response to Settling Defendant’s motion.

21

d.

In proceedings on any dispute governed by this Paragraph,

22

Settling Defendant shall have the burden of demonstrating that the decision of the

23

Superfund Division Director is arbitrary and capricious or otherwise not in

24

accordance with law. Judicial review of EPA’s decision shall be on the

25

administrative record compiled pursuant to Subparagraph 27a.

26

28.

Formal dispute resolution for disputes that neither pertain to the

27

selection or adequacy of any response action nor are otherwise accorded review

28

on the administrative record under applicable principles of administrative law,
WONG CONSENT DECREE
- 24 -

1

shall be governed by this Paragraph.

2

a.

Following receipt of Settling Defendant’s Statement of

3

Position submitted pursuant to Paragraph 26, the Director of the Superfund

4

Division, EPA Region IX, will issue a final decision resolving the dispute. The

5

Superfund Division Director’s decision shall be binding on Settling Defendant

6

unless, within ten (10) days after receipt of the decision, Settling Defendant files

7

with the Court and serves on the parties a motion for judicial review of the

8

decision setting forth the matter in dispute, the efforts made by the parties to

9

resolve it, the relief requested, and the schedule, if any, within which the dispute

10

must be resolved to ensure orderly implementation of the Consent Decree. The

11

United States may file a response to Settling Defendant’s motion.

12

b.

Notwithstanding Subparagraph 27d., judicial review of any

13

dispute governed by this Paragraph shall be governed by applicable principles of

14

law.

15

29.

The invocation of formal dispute resolution procedures under this

16

Section shall not extend, postpone, or affect in any way any obligation of Settling

17

Defendant under this Consent Decree, not directly in dispute, unless EPA or the

18

Court agrees otherwise. Stipulated penalties with respect to the disputed matter

19

shall continue to accrue but payment shall be stayed pending resolution of the

20

dispute as provided in Paragraph 27. Notwithstanding the stay of payment,

21

stipulated penalties shall accrue from the first day of noncompliance with any

22

applicable provision of this Consent Decree. In the event that Settling Defendant

23

does not prevail on the disputed issue, stipulated penalties shall be assessed and

24

paid as provided in Paragraph 8.

25

XIV. COVENANTS AND RESERVATIONS OF RIGHTS BY PLAINTIFF

26
27
28

30.

Covenants by Plaintiff. Except as specifically provided in Paragraph

31, Plaintiff covenants not to sue or to take administrative action against Settling
Defendant pursuant to Sections 106 and 107(a) of CERCLA, 42 U.S.C. §§ 9606
WONG CONSENT DECREE
- 25 -

1

and 9607(a) and Section 7003 of RCRA, 42 U.S.C. § 6973, relating to the Site.

2

With respect to present and future response costs, these covenants shall take effect

3

upon receipt by Plaintiff of all amounts required by Section VI (Settlement of

4

Response Costs) and any Interest or stipulated penalties due thereon under Section

5

VII (Failure to Comply with Payment Obligations). These covenants are

6

conditioned upon the satisfactory performance by Settling Defendant of its

7

obligations under this Consent Decree, including but not limited to, payment of all

8

amounts due under Section VI (Settlement of Response Costs), Section VII

9

(Failure to Comply with Payment Obligations), Section VIII (Access and

10

Institutional Controls), and Section IX (Notice to Successors-in-Title and

11

Transfers of Real Property). These covenants extend only to Settling Defendant

12

and do not extend to any other person.

13

31.

General Reservations of Rights. Plaintiff and the federal natural

14

resource trustee reserve, and this Consent Decree is without prejudice to, all rights

15

against Settling Defendant with respect to all matters not expressly included

16

within the Covenants by Plaintiff in Paragraph 30. Notwithstanding any other

17

provision of this Consent Decree, Plaintiff and the federal natural resource trustee

18

reserve all rights against Settling Defendant with respect to:

19
20
21
22
23

a.

claims based on a failure by Settling Defendant to meet its

requirements under this Consent Decree;
b.

liability arising from the past, present, or future disposal,

release, or threat of release of Waste Material outside of the Site;
c.

liability based on the ownership or operation of any portion of

24

the RABSP Site by Settling Defendant when such ownership or operation

25

commences after October 15, 2016, and there is a new release on or related to

26

such property;

27

d.

28

liability based on Settling Defendant’s transportation,

treatment, storage, or disposal, or the arrangement for the transportation,
WONG CONSENT DECREE
- 26 -

1

treatment, storage, or disposal of Waste Material at or in connection with the Site

2

after lodging of this Consent Decree;

3
4

e.

liability for damages for injury to, destruction of, or loss of

natural resources, and for the costs of any natural resource damage assessments;

5

f.

criminal liability; and

6

g.

liability for violations of federal or state law which occur after

7
8
9

lodging of this Consent Decree.
32.

EPA has determined, and the Court finds, that upon the Effective

Date, the Estate of Wong is a Further Settlor, Future Settlor, and Future Settling

10

Party as defined in the OU1 Consent Decree (Dkt. No. 1820) (see, e.g., the

11

definition of Further Settlor and Paragraphs 120 and 125); the OU2/OU3 Consent

12

Decree (Dkt. No. 1821) (see, e.g., the definition of Future Settling Party, and

13

Paragraphs 56, 60, 66, 109); and the Estate of Hescox Consent Decree (Dkt. No.

14

1869) (see, e.g., Paragraphs 30 and 31).

15

33.

The Parties further find, and the Court finds, that the Estate of Wong

16

“is or was a party,” “any party,” and “any other party” in or to the Consolidated

17

Action as described in the OU1 Consent Decree (Dkt. No. 1820) (see, e.g.,

18

Paragraphs 120 and 125); the OU2/OU3 Consent Decree (Dkt. No. 1821) (see,

19

e.g., Paragraphs 109 and 114); and the Estate of Hescox Consent Decree (Dkt. No.

20

1869) (see, e.g., Paragraphs 30 and 31).

21

XV.

22
23

34.

COVENANTS AND RESERVATIONS OF RIGHTS BETWEEN
GOODRICH AND SETTLING DEFENDANT
Except as specifically provided in Paragraph 36, Settling Defendant,

24

Goodrich, and United Technologies each release and covenant not to sue or take

25

administrative action against each other, pursuant to Sections 107(a) or 113 of

26

CERCLA, 42 U.S.C. §§ 9607(a) and 9613, Section 7002 of RCRA, 42 U.S.C.

27

§ 6972, or any other federal or state statute or common law with respect to all

28

claims, of any kind, known and unknown, against Settling Defendant, Goodrich,
WONG CONSENT DECREE
- 27 -

1

or United Technologies in connection with the alleged release or threatened

2

release of any of the Basin Contaminants at, on, or under the RABSP Site. These

3

covenants and releases are also conditioned upon the satisfactory performance by

4

Settling Defendant and Goodrich of their obligations under this Consent Decree.

5

35.

In releasing all unknown claims as set forth in Paragraph 34, Settling

6

Defendant, Goodrich, and United Technologies each expressly waive the

7

provisions of Section 1542 of the California Civil Code, which provides:

8

A general release does not extend to claims which the
creditor does not know or suspect to exist in his or her
favor at the time of executing the release, which if
known by him or her must have materially affected his
or her settlement with the debtor.

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

36.

Settling Defendant, Goodrich, and United Technologies each reserve,

and this Consent Decree is without prejudice to, all rights against Settling
Defendant, Goodrich, and United Technologies with respect to:
a.

liability of the breaching party for its failure to meet a

requirement of this Consent Decree;
b.

liability based on the ownership or operation of any portion of

the RABSP Site when such ownership or operation commences after lodging of
this Consent Decree and there is a new release of a Waste Material on or related to
such property;
c.

liability based on transportation, treatment, storage, or

disposal, or arrangement for transportation, treatment, storage, or disposal of a
Waste Material at or in connection with the RABSP Site, after lodging of this
Consent Decree;
d.

liability arising from the past, present, or future disposal,

release or threat of release of a Waste Material outside of the RABSP Site;
e.

liability arising from the release, threat of release, or disposal

of a Waste Material either within or outside of the RABSP Site, where such
WONG CONSENT DECREE
- 28 -

1

release, threat of release, or disposal occurs after the lodging of this Consent

2

Decree;

3

f.

liability arising from past, present, or future releases or

4

threatened releases at the RABSP Site, where the Waste Material at issue is not a

5

Basin Contaminant;

6

g.

liability related to bodily injury; and

7

h.

claims for contribution whether based on federal or state

8

statutes or common law arising out of: (1) claims in City of Riverside v. Black &

9

Decker (U.S.), Inc., et al., Case No. BC410878; (2) claims asserted by any person

10

or entity that was not a party to the Consolidated Federal Action on August 24,

11

2012; or, (3) claims for natural resource damages.

12

For purposes of Subparagraphs b., c., and e. of this Paragraph, migration of

13

existing Waste Material is not a new release or disposal of Waste Material into

14

soil, groundwater, or atmosphere.

15

XVI.

16
17
18

A.

COVENANTS AND RESERVATIONS OF RIGHTS BY SETTLING
FEDERAL AGENCIES AND SETTLING DEFENDANT
Covenants and Reservations of Rights by Settling Defendant as to Plaintiff.
37.

Except as provided in Paragraph 38, Settling Defendant covenants

19

not to sue and agrees not to assert any claims or causes of action against Plaintiff,

20

or its contractors or employees, with respect to the Site and this Consent Decree,

21

including, but not limited to:

22

a.

any direct or indirect claim for reimbursement from the

23

Hazardous Substance Superfund (established pursuant to the Internal Revenue

24

Code, 26 U.S.C. § 9507) through CERCLA Sections 106(b)(2), 107, 111, 112,

25

113, or any other provision of law;

26

b.

any claims against the United States, including any

27

department, agency, or instrumentality of the United States under CERCLA

28

Sections 107 or 113, RCRA Section 7002(a), 42 U.S.C. § 6972(a), or state law
WONG CONSENT DECREE
- 29 -

1

regarding the Site, response actions at the Site, response costs incurred at the Site,

2

and this Consent Decree;

3

c.

any claims arising out of response actions at or in connection

4

with the Site relating to the United States, including any claim under the United

5

States Constitution, the California Constitution, the Tucker Act, 28 U.S.C. § 1491,

6

the Equal Access to Justice Act, 28 U.S.C. § 2412, as amended, or at common

7

law;

8
9

d.

any claim, whether express or deemed by court order, in the

Consolidated Federal Action; and

10

e.

11

Special Account.

12

38.

any direct or indirect claim for disbursement from the Site

These covenants and releases shall not apply to the United States in

13

the event the United States brings a cause of action or issues an order pursuant to

14

any of the reservations set forth in Paragraph 31, other than in Paragraph 31a.

15

(liability for failure to meet a requirement of the Consent Decree) or 31f. (criminal

16

liability), but only to the extent Settling Defendant’s claims arise from the same

17

response action, response costs, or damages that the United States is seeking

18

pursuant to the applicable reservation.

19

39.

Nothing in this Consent Decree shall be deemed to constitute

20

approval or preauthorization of a claim within the meaning of Section 111 of

21

CERCLA, 42 U.S.C. § 9611, or 40 C.F.R. § 300.700(d).

22

B.

23

Covenants and Reservations of Rights between Settling Defendant and
Settling Federal Agencies.

24

40.

Except as provided in Paragraph 42, Settling Defendant releases and

25

covenants not to sue or take administrative action against any of Settling Federal

26

Agencies, and each of Settling Federal Agencies releases and covenants not to sue

27

or take administrative action against Settling Defendant, pursuant to Sections

28

107(a) or 113 of CERCLA, 42 U.S.C. §§ 9607(a) and 9613, Section 7002 of
WONG CONSENT DECREE
- 30 -

1

RCRA, 42 U.S.C. § 6972, or any other state or federal statute or state or federal

2

common law with respect to all claims of any kind, known and unknown, in

3

connection with the alleged release or threatened release of any of the Basin

4

Contaminants at, on, or under the RABSP Site. With respect to present and future

5

liability, these covenants and releases shall take effect upon receipt by Plaintiff of

6

all payment amounts required by Paragraph 5 and any Interest or stipulated

7

penalties due thereon under Section VII (Failure to Comply with Payment

8

Obligations).

9

41.

In releasing all unknown claims, Settling Defendant and Settling

10

Federal Agencies waive the provisions of Section 1542 of the California Civil

11

Code which provides:

12

A general release does not extend to claims which the
creditor does not know or suspect to exist in his or her
favor at the time of executing the release, which if
known by him or her must have materially affected his
or her settlement with the debtor.

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

42.

Settling Defendant and Settling Federal Agencies reserve, and this

Consent Decree is without prejudice to, all rights against Settling Defendant and
Settling Federal Agencies with respect to:
a.

liability of the breaching party for its failure to meet a

requirement of this Consent Decree;
b.

liability based on the ownership or operation of any portion of

the RABSP Site when such ownership or operation commences after lodging of
this Consent Decree and there is a new release of a Waste Material on or related to
such property;
c.

liability based on transportation, treatment, storage, or

disposal, or arrangement for transportation, treatment, storage, or disposal of a
Waste Material at or in connection with the RABSP Site, after lodging of this
Consent Decree;
WONG CONSENT DECREE
- 31 -

1
2

d.

liability arising from the past, present, or future disposal,

release, or threat of release of a Waste Material outside of the RABSP Site;

3

e.

liability arising from the release, threat of release, or disposal

4

of a Waste Material either within or outside of the RABSP Site, where such

5

release, threat of release, or disposal occurs after the lodging of this Consent

6

Decree;

7

f.

liability arising from past, present, or future releases or

8

threatened releases at the RABSP Site, where the Waste Material at issue is not a

9

Basin Contaminant;

10

g.

liability related to bodily injury; and

11

h.

claims for contribution whether based on federal or state

12

statutes or common law arising out of: (1) claims in City of Riverside v. Black &

13

Decker (U.S.), Inc., et al., Case No. BC410878; (2) claims asserted by any person

14

or entity that was not a party to the Consolidated Federal Action on August 24,

15

2012; or, (3) claims for natural resource damages.

16

For purposes of Subparagraphs b., c., and e. of this Paragraph, migration of

17

existing Waste Material is not a new release or disposal of Waste Material into

18

soil, groundwater, or atmosphere.

19

43.

20

Settling Defendant agrees not to assert any claims and to waive all claims or

Claims against Other Parties in the Consolidated Federal Action.

21

causes of action (including but not limited to claims or causes of action under

22

Sections 107(a) and 113 of CERCLA) or any other federal or state law that it may

23

have for response costs relating to the Site and/or the West Side Site against any

24

other person who is or was a party in the Consolidated Federal Action, or has

25

otherwise reached a settlement with the United States relating to the Site. This

26

waiver shall not apply with respect to any defense, claim, or cause of action

27

Settling Defendant may have against any person if such person asserts a claim or

28

cause of action relating to the Site and/or the West Side Site against Settling
WONG CONSENT DECREE
- 32 -

1

Defendant.

2

44.

3

Except as otherwise provided in this Consent Decree, Goodrich, United

Contribution Claims Arising from the Estate of Wong’s Claims.

4

Technology and Settling Federal Agencies mutually release and covenant not to

5

sue or take administrative action against each other, pursuant to Sections 107(a) or

6

113 of CERCLA, 42 U.S.C. §§ 9607(a) and 9613, Section 7002 of RCRA, 42

7

U.S.C. § 6972, or any other state or federal statute or state or federal common law

8

with respect to all claims of any kind, known and unknown, in connection with the

9

alleged release or threatened release of any of the Basin Contaminants at, on, or

10

under the RABSP Site arising from or that were or could have been asserted by

11

the Estate of Wong in this Consolidated Action.

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

XVII.
45.

EFFECT OF SETTLEMENT/CONTRIBUTION

Except as provided in Paragraph 43, nothing in this Consent Decree

shall be construed to create any rights in, or grant any cause of action to, any
person not a Party to this Consent Decree. Except as provided in Section XV
(Covenants and Reservations of Rights between Goodrich and Settling Defendant)
and Section XVI (Covenants and Reservations of Rights by Settling Federal
Agencies and Settling Defendant), each of the Parties expressly reserves any and
all rights (including, but not limited to, under Section 113 of CERCLA, 42 U.S.C.
§ 9613), defenses, claims, demands, and causes of action which it may have with
respect to any matter, transaction, or occurrence relating in any way to the RABSP
Site against any person not a Party hereto. Nothing in this Consent Decree
diminishes the right of the United States, pursuant to Section 113(f)(2), (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).
46.

The Parties agree, and by entering this Consent Decree this Court

finds, that this settlement constitutes a judicially approved settlement for purposes
WONG CONSENT DECREE
- 33 -

1

of Section 113(f)(2) of CERCLA, 42 U.S.C. § 9613(f)(2), and that Settling

2

Defendant, Goodrich, and Settling Federal Agencies are entitled, as of the

3

Effective Date, to protection from contribution actions or claims as provided by

4

Section 113(f)(2) of CERCLA, or as may be otherwise provided by law, for

5

“matters addressed” in this Consent Decree. The “matters addressed” in this

6

Consent Decree are all response actions taken or to be taken and all response costs

7

incurred or to be incurred at or in connection with the Site or the West Side Site

8

by the United States or any other person; provided, however, that if Plaintiff

9

exercises any of the reservations in Section XIV (Covenants and Reservations of

10

Rights by Plaintiff), other than in Paragraphs 31a. (liability for failure to meet a

11

requirement of Consent Decree) or 31f. (criminal liability), the “matters

12

addressed” in this Consent Decree will no longer include those response costs or

13

response actions that are within the scope of the exercised reservation. Nothing in

14

this Paragraph shall limit or affect the ability of any Settling Defendant and/or

15

Settling Federal Agency to exercise their reservations of rights as to each other in

16

Paragraph 42.

17

47.

The Parties further agree, and by entering this Consent Decree this

18

Court further finds, that the payments and obligations provided for in this Consent

19

Decree represent a good faith compromise of disputed claims and that the

20

compromise represents a fair, reasonable, and equitable resolution. With regard to

21

any claims for costs, damages, or other claims against the Parties, the Parties agree

22

and this Court finds that Settling Defendant, Goodrich, and Settling Federal

23

Agencies are entitled to contribution protection pursuant to the California Code of

24

Civil Procedure §§ 877 and 877.6, and any other applicable provision of federal or

25

state law, whether by statute or common law.

26
27
28

48.

The Parties intend the broadest possible protection from contribution

actions provided by law for “matters addressed” in this Consent Decree.
49.

Settling Defendant shall, with respect to any suit or claim brought by
WONG CONSENT DECREE
- 34 -

1

it for matters related to this Consent Decree after the date the Consent Decree is

2

lodged with the Court, notify EPA and DOJ in writing no later than sixty (60)

3

days prior to the initiation of such suit or claim. Settling Defendant also shall,

4

with respect to any suit or claim brought against it for matters related to this

5

Consent Decree, notify EPA and DOJ in writing within ten (10) days after service

6

of the complaint or claim upon it. In addition, Settling Defendant shall notify

7

EPA and DOJ within ten (10) days after service or receipt of any motion for

8

summary judgment, and within ten (10) days after receipt of any order from a

9

court setting a case for trial, for matters related to this Consent Decree.

10

50.

In any subsequent administrative or judicial proceeding initiated by

11

the United States for injunctive relief, recovery of response costs, or other relief

12

relating to the Site, Settling Defendant shall not assert, and may not maintain, any

13

defense or claim based upon the principles of waiver, res judicata, collateral

14

estoppel, issue preclusion, claim-splitting, or other defenses based upon any

15

contention that the claims raised by the United States in the subsequent

16

proceeding were or should have been brought in the instant case; provided,

17

however, that nothing in this Paragraph affects the enforceability of the covenants

18

not to sue set forth in Section XIV (Covenants and Reservations of Rights by

19

Plaintiff), Section XV (Covenants and Reservations of Rights between Goodrich

20

and Settling Defendant), and Section XVI (Covenants and Reservations of Rights

21

by Settling Federal Agencies and Settling Defendant).

22
23
24
25
26
27
28

XVIII.
51.

NOTICES AND SUBMISSIONS

Whenever, under the terms of this Consent Decree, notice is required

to be given or a document is required to be sent by one party to another, it shall be
directed to the individuals at the addresses specified below, unless those
individuals or their successors give notice of a change to the other Parties in
writing. Written notice as specified in this Section shall constitute complete
satisfaction of any written notice requirement of the Consent Decree with respect
WONG CONSENT DECREE
- 35 -

1

to EPA, DOJ, Settling Federal Agencies, Goodrich, and Settling Defendant,

2

respectively.

3
4
5
6
7
8
9
10

As to DOJ:
Chief, Environmental Enforcement Section
Environment and Natural Resources Division
U.S. Department of Justice
P.O. Box 7611
Washington, D.C. 20044-7611
Re: DJ # 90-11-2-09952
As to EPA:

11
12
13
14

Remedial Project Manager, Rockets, Fireworks, and Flares Superfund Site
Attn: Wayne Praskins
U.S. Environmental Protection Agency, Region IX
75 Hawthorne Street
San Francisco, California 94105

15
16

As to Settling Federal Agencies:

17

21

Chief, Environmental Defense Section
Environment and Natural Resources Division
U.S. Department of Justice
P.O. Box 7611
Washington, D.C. 20044-7611
Re: DJ # 90-11-6-17144/1

22

As to Goodrich Corporation:

18
19
20

23
24
25
26

David Platt
Assistant General Counsel
United Technologies Corporation
United Technologies Building
Hartford, Connecticut 06101

27
28

WONG CONSENT DECREE
- 36 -

1
2
3
4
5
6
7
8

As to the Estate of Wong:
Mark Riera
Akerman LLP
725 South Figueroa Street, 38th Floor
Los Angeles, California 90017
Richard F. Bulger
Mayer Brown LLP
71 South Wacker Drive
Chicago, Illinois 60606

9

XIX.

10
11
12

52.

This Court shall retain jurisdiction over this matter for the purpose of

interpreting and enforcing the terms of this Consent Decree.
XX.

13
14

RETENTION OF JURISDICTION

53.

INTEGRATION/APPENDICES

This Consent Decree and its appendices constitute the final, complete

15

and exclusive agreement and understanding among the Parties with respect to the

16

settlement embodied in this Consent Decree. The Parties acknowledge that there

17

are no representations, agreements, or understandings relating to the settlement

18

other than those expressly contained in this Consent Decree. The following

19

appendices are attached to and incorporated into this Consent Decree:

20
21
22
23
24
25
26
27
28

“Appendix A” is the map of the RABSP, including the 160-Acre Area, the
Stonehurst Property, and the County Property.
“Appendix B” is the Wong Estate Parcel.
XXI.
54.

LODGING AND OPPORTUNITY FOR PUBLIC COMMENT
This Consent Decree shall be lodged with the Court for a period of

not less than thirty (30) days for public notice and comment. The United States
reserves the right to withdraw or withhold its consent if the comments regarding
the Consent Decree disclose facts or considerations that indicate that this Consent
Decree is inappropriate, improper, or inadequate. Goodrich, United Technologies,
WONG CONSENT DECREE
- 37 -

1

and Settling Defendant consent to the entry of this Consent Decree without further

2

notice.

3

55.

If for any reason this Court’s entry of the Consent Decree is reversed

4

on appeal, in whole or material part, this Consent Decree is voidable at the sole

5

discretion of any Party and the terms of the Consent Decree may not be used as

6

evidence in any litigation between the Parties.

7
8
9
10
11
12
13
14
15
16
17
18
19
20

XXII.
56.

TERMINATION

This Consent Decree shall be terminated when the United States

determines Settling Defendant has satisfactorily completed performance of its
obligations required by this Consent Decree. Upon such termination, the Parties
shall file with the Court an appropriate stipulation reciting that the requirements of
the Consent Decree have been met. Termination of this Consent Decree shall not
affect any remaining obligations under this Consent Decree including, but not
limited to, those obligations described in Section VIII (Access and Institutional
Controls), Section IX (Notice to Successors-in-Title and Transfers of Real
Property), Section XIV (Covenants and Reservation of Rights by Plaintiff),
Section XV (Covenants and Reservations of Rights between Goodrich and
Settling Defendant), Section XVI (Covenants and Reservations of Rights by
Settling Federal Agencies and Settling Defendant), Section XVII (Effect of
Settlement/Contribution), and Section XII (Retention of Records).

21

XXIII.

FINAL JUDGMENT

22
23
24
25
26
27

57.

The United States, Goodrich, and Settling Defendant agree, and this

Court by entering this Consent Decree finds, that this Consent Decree has been
negotiated by the Parties in good faith, that settlement of this matter will avoid
prolonged and complicated litigation between the Parties, and that this Consent
Decree is fair, reasonable, and in the public interest.

28

WONG CONSENT DECREE
- 38 -

1

58.

The Court finds that there is no just reason for delay of entry of this

2

Consent Decree, and therefore enters this judgment as a final judgment under Fed.

3

R. Civ. P. 54 and 58.

4
5

SO ORDERED THIS ____ DAY OF December, 2017
_______, ____.
5th

6
7
8
9
10

___________________________________
HONORABLE PHILIP S. GUTIERREZ
United States District Judge

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

WONG CONSENT DECREE
- 39 -

1

Respectfully submitted,

2

FOR THE UNITED STATES:
3
4
5

Datcd: 7/~7

~7
BRUCE S. GELBER
Deputy Assistant Attorney General
Environment &Natural Resources Division

6
7
8
9

Dated:
10
11
12

JAMES R. MacAYEAL
BRADLEY R. O'BRIEN
U.S. Department of Justice
Environmental Enforcement Section

13

Of Counsel:
MICHELE BENSON
15 United States Environmental Protection Agency
16 Region IX
San Francisco, California
14

17
18

Attorneys for Plaintiff UNITED STATES OF AMERICA

19
2
0
21
2
2
23
2
4
25
26
27
2
8

WONG CONSENT DECREE
- 40-

1

FOR THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY:

2
3
4

Dated:

~

~/

By:

5
6
7

ENRIQUE MANZANILLA
Director, Superfund Division, Region IX
U.S. Environmental Protection Agency
75 Hawthorne St.
San Francisco, California 94105

8
9
10
11
12
13
14
15
16

l7
Dated: ~ /,.S ~ d

By:

~~ ,~
'
MIC LE BENSON
Assistant Regional Counsel
U.S. Environmental Protection Agency
Region IX
75 Hawthorne St.
San Francisco, California 94105

17
18
19
2 '~
0
21
22
23
24
25
2
6
27
►
.'

WONG CONSENT DECREE
- 41 -

1

FOR GOODRICH CORPORATION:

2
3
4

.-

Dated:--~ Zv I ~µ ay ~~

5
6
7
8
9
10

Attorney for GOODRICH CORPORATION

11
12
13
14
15
16
17
18
19
2
0
21
22
23
24
25
2
6
27
28

WONG CONSENT DECREE
- 42 -

1

FOR JIMMY CHI HO WC)NG,Representative of the ESTATE OF CHLTNG
2 MING WONG:
3

Ak~rman LLP
Mayer Brown LLP

4
5
6
7
8

T)at~d:

I L ~Ff 20 ~~"
By MARK RIEF2.A
Akerman LLF

9
10
11
12

Attorneys foi Defendant JIMMY CHI HO WONG,Representative of'the
ESTATE OF CT-SUNG MIND WUN(;

13
14
15
16
1'7
18
19
2Q
21
22
23
24 I
25 I
2 I~
6
27
2~

WANG CONSENT'I?ECREE
- ~3

Appendix A

-44-

APPENDIX A

160-Acre
Area
160-Acre Area

County Property
Stonehurst Property
Stonehurst

West Side Area
Rialto Ammunition Backup Storage Point (“RABSP”)
NOT TO SCALE

A

-45-

- 173 -

Appendix B

-46-

APPENDIX B

Area where Settling
Defendants shall provide
EPA notice if they intend
to disturb subsurface
soils or sediments

-47-