United States of America et al v. Wisconsin Public Service Corporation
Filing
5
CONSENT DECREE Signed by District Judge William M. Conley on 10/30/14. (Attachments: # 1 Appendix A (part 1), # 2 Appendix A (part 2), # 3 Appendix B, # 4 Appendix C, # 5 Appendix D) (jat)
APPENDIX D
STATEMENT OF WORK
FOR THE REMEDIAL ACTION AT THE WPSC STEVENS POINT FORMER
MANUFACTURED GAS PLANT SUPERFUND ALTERNATIVE SITE,
STEVENS POINT, PORTAGE COUNTY, WISCONSIN
Table of Contents
I.
II.
PURPOSE ............................................................................................................................... 1
DESCRIPTION OF THE REMEDIAL ACTION/PERFORMANCE STANDARDS .......... 1
A. Maintenance of clean soil cover and pavement .................................................................. 1
B. Monitored Natural Attenuation ........................................................................................... 1
C. Sediment Removal from the Wisconsin River and Sand Placement in Pfiffner Pioneer
Park Pond ............................................................................................................................ 2
D. Institutional Control Implementation and Assurance Plan ................................................. 3
III. SCOPE OF REMEDIAL ACTION ........................................................................................ 4
A. Task 1: Remedial Action Work Plan .................................................................................. 4
B. Task 2: Remedial Action Construction ............................................................................... 5
C. Task 3: Operation and Maintenance ................................................................................... 6
A. Task 4: Performance Monitoring ........................................................................................ 8
IV. SUMMARY OF MAJOR DELIVERABLES/SCHEDULE .................................................. 8
I.
PURPOSE
The purpose of this Statement of Work (SOW) is to set forth requirements for implementation of
the Remedial Action set forth in the Record of Decision (ROD) for the WPSC Stevens Point
Superfund Alternative Site (“Site” or “Stevens Point Site”) that was signed by the Superfund
Division Director, U.S. Environmental Protection Agency (EPA) Region 5, on
September 25, 2012. The Settling Defendant shall follow the ROD, the SOW, the approved
Remedial Action Workplan (RA Workplan), EPA Superfund Remedial Action Guidance, and
any additional guidance provided by EPA in submitting deliverables for designing and
implementing the Remedial Action (RA) at the Site.
II.
DESCRIPTION OF THE REMEDIAL ACTION/PERFORMANCE STANDARDS
The Settling Defendant shall implement and maintain the Remedial Action to meet the
performance standards and specifications set forth in the ROD, the RA Workplan, and this SOW.
Performance Standards shall include cleanup levels (CLs), standards of control, quality criteria
and other substantive requirements, criteria or limitations including all Applicable or Relevant
and Appropriate Requirements (ARARs) set forth in the ROD, SOW, and/or Consent Decree
(CD). Risk-based CLs may be updated by EPA based on new toxicological information. Upon
direction from EPA, revised CLs shall be incorporated by reference into this SOW and shall
become an enforceable part of the CD. The revised CLs will be used to evaluate the continued
protectiveness of the remedy and the need for continued remedial action.
A.
Maintenance of Clean Soil Cover and Pavement
Subsurface soils at the Site pose a potential threat to human health if exposure to these soils were
to occur, such as during utility or construction work. The Settling Defendant shall implement the
Soil Cover Monitoring and Maintenance plan (SCMMP) prepared during Remedial Design (RD),
which will provide for periodic documented inspections of the cover and steps to repair and
maintain the cover over time. The SCMMP will also include measures the PRPs will take in the
event a construction project exposing and/or disturbing subsurface soils is planned.
B.
Monitored Natural Attenuation
The Settling Defendant shall restore Site groundwater to CLs within a reasonable time period
through monitored natural attenuation (MNA) as specified in the ROD. The Settling Defendant
shall implement the Natural Attenuation Implementation and Monitoring Plan (NAIMP)
prepared during RD. This will include periodic evaluation of contaminant concentrations,
concentration trends, plume configuration, and adequacy of the monitoring network.
1. Points of Compliance
In order to monitor and evaluate the RA throughout the Site, certain groundwater monitoring
wells shall be selected as points of compliance for meeting groundwater CLs and MNA
parameters, and they shall be identified in the RA Work Plan and the Operation and Maintenance
(O&M) Plan. Wells designated as representing the points of compliance shall be sampled in
accordance with the approved RA Work Plan and O&M Plan. Points of compliance shall be
located to ensure that progress towards compliance with the CLs contained in Table 4 of the
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ROD is achieved throughout the entire plume, unless otherwise modified by predesign/background studies approved by EPA in consultation with the Wisconsin Department of
Natural Resources (WDNR).
If any of these wells are destroyed or in any way become unusable, the Settling Defendant shall
repair or replace such wells. Additional wells may be included during the development or update
of the O&M Plan. If a well is no longer needed, a written request to properly abandon the well
in accordance with state law may be submitted to EPA, and EPA will then act on the request,
after consultation with WDNR. The location of any additional wells installed pursuant to the
Consent Decree or this SOW shall be approved by EPA, after consultation with WDNR.
During the design phase, EPA, after consultation with WDNR, shall approve the frequency of
sampling and the parameters sampled during detection and compliance monitoring. These
parameters include, but are not limited to, natural attenuation indicators specified in the RA
Workplan and O&M Plan, and the parameters listed in Table 4 of the ROD, unless otherwise
modified and approved by EPA, in consultation with WDNR. MNA indicators shall be
interpreted using the Mann-Kendal statistical test, or other statistical method approved by EPA,
in consultation with WDNR, to evaluate significance of temporal concentration trends.
2. Contingency Measures
If routine monitoring data indicate that natural attenuation of groundwater contaminants may not
be decreasing the contaminant concentrations within an acceptable timeframe, EPA, in
consultation with WDNR, may request additional monitoring, investigation, modeling, and/or
statistical analysis of groundwater contaminants, trends and/or sources. If EPA subsequently
determines that a different remedy is needed to reach CLs, the Settling Defendant shall submit
within 60 days of receipt of EPA’s request a schedule for evaluation, design and implementation
of one or more additional cleanup technologies.
3. Construction Completion of the Groundwater Remedy
Construction of the Groundwater Remedy will be considered complete when groundwater
monitoring data collected from all plume monitoring wells, supported by statistical and modeling
analysis, show that the concentrations of chemicals of concern (COCs) will attain CLs within a
reasonable time period. At that time the Settling Defendant shall submit to EPA a request for
Certification of Completion of the Remedial Action. The groundwater remedy will not be
completed until EPA has issued the Certification of Completion in accordance with the Consent
Decree.
C.
Sediment Removal from the Wisconsin River and Sand Placement in Pfiffner
Pioneer Park Pond
MGP-impacted sediment in the Wisconsin River and the Pfiffner Pioneer Park Pond poses an
ecological threat to benthic organisms. The Settling Defendant shall implement the EPAapproved Sediment Response Plan (SRP) prepared during RD. In accordance with the ROD, all
sediment with MGP-related contaminants containing greater than 22.8 parts per million total
PAHs will be removed from the section of the Wisconsin River adjacent to the Site and a 6-inch
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sand cover will be placed to manage dredging residuals. Sand, amended with activated carbon,
will be placed on top of the sediment in the Pfiffner Pioneer Park Pond.
D.
Institutional Control Implementation and Assurance Plan
The Settling Defendant shall implement the Institutional Control Implementation and Assurance
Plan (ICIAP) developed during RD. The ICIAP shall include plans to implement and maintain
Institutional Controls (ICs) over areas that do not support unlimited use/unrestricted exposure
(UU/UE) at the Site. The Settling Defendant shall implement ICs to impose the activity and use
limitations required by the ROD as follows:
1. Activity and Use Limitations on Areas That Do Not Support UU/UE:
a. Limited Commercial, Industrial and/or Recreational Use: The Settling Defendant
shall use best efforts to implement ICs to prohibit all uses of WPSC’s Property and
the Pfiffner Pioneer Park except those compatible with commercial, industrial or
recreational land use. Examples of land uses and activities that are prohibited on
either a temporary or permanent basis include residential uses, occupancy on a 24hour basis, and digging or excavation (unless a soil management plan is developed
and followed).
b. Limited Groundwater Use: The Settling Defendant shall use best efforts to
implement ICs to prohibit construction of wells and to prohibit any activity that
extracts, consumes, or otherwise uses any groundwater at the Site, except for the
purposes of an EPA-approved response activity until groundwater CLs are achieved
throughout the plume. The ICs shall be enforceable by the Parties to the Consent
Decree.
2. Demonstration That Institutional Controls Cover All Physical Areas That Do Not Support
UU/UE
The Settling Defendant shall demonstrate that ICs cover all physical areas that do not support
UU/UE based on current conditions for the entire Site. The ICIAP shall include a
methodology for identifying and mapping of all non-UU/UE areas during and after
completion of construction, and during operation and maintenance of the remedy, including
preparing final survey maps and legal descriptions of non-UU/UE areas.
3. Soil Management Plan
If EPA determines that redevelopment of Site property involving digging or excavation is
likely, the Settling Defendant shall submit to EPA for review and approval a Soils
Management Plan (SMP). The SMP shall identify the process for ensuring that future landuse at the Site, including utility installation and repair and foundation installation, is
protective of human health and the environment. The SMP shall establish standardized
procedures for any future construction on the Site. The SMP shall identify the volumes and
locations of soil that require management and establish management procedures for handling
(excavating, grading, etc.) and disposing of impacted soil. The SMP shall also control
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exposure to construction workers during future work that may involve handling impacted soil
by establishing engineering controls and other health and safety procedures.
4. Long-term Stewardship
The ICIAP shall provide for long term stewardship of the ICs. The Settling Defendant shall
use best efforts to maintain and ensure compliance with all ICs at the Site and shall report
annually on the status of compliance with ICs.
III.
SCOPE OF REMEDIAL ACTION
The Remedial Action shall consist of four tasks. All plans are subject to EPA and WDNR
review. All plans are subject to approval by EPA in consultation with WDNR.
Task 1: Remedial Action Work Plan
Task 2: Remedial Action/Construction
A. Preconstruction Meeting
B. Construction and Implementation of RA Work Plan
C. Pre-certification Inspection
D. Final Inspection
E. Reports
1. Final Construction Report
2. Completion of Remedial Action Report
Task 3: Operation and Maintenance
Task 4: Performance Monitoring
A.
Task 1: Remedial Action Work Plan
The Settling Defendant shall submit a RA Work Plan which includes a detailed description of the
remediation and construction activities. The RA Work Plan shall include a project schedule for
each major activity and submission of deliverables generated during the Remedial Action. The
RA Work Plan shall incorporate the following Final Design documents created during RD:
Sediment Response Workplan
Soil Cover Monitoring and Maintenance Plan (SCMMP)
Natural Attenuation Implementation and Monitoring Plan (NAIMP)
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Quality Assurance Project Plan
Health and Safety Plan
Contingency Plan (CP; if stand-alone)
Field Sampling Plan
Construction Quality Assurance Plan
Institutional Control Implementation and Assurance Plan (ICIAP)
Operation and Maintenance (O&M) Plan
Soil Management Plan, if necessary.
B.
Task 2: Remedial Action Construction
The Settling Defendant shall implement the Remedial Action as detailed in the approved Final
Design. The following activities shall be completed in constructing the Remedial Action.
1. Pre-construction Inspection and Meeting
The Settling Defendant shall participate with EPA and WDNR in a preconstruction
inspection and meeting to:
a. Review methods for documenting and reporting inspection data;
b. Review methods for distributing and storing documents and reports;
c. Review work area security and safety protocol;
d. Discuss any appropriate modifications of the construction quality assurance plan to
ensure that site-specific considerations are addressed; and
e. Conduct a Site walk-around to verify that the design criteria, plans, and specifications
are understood and to review material and equipment storage locations.
The pre-construction inspection and meeting shall be documented by a designated person and
minutes shall be transmitted to all parties.
2. Construction and Implementation of the RA Work Plan
Following approval of the RA Work Plan and the pre-construction inspection and meeting
the Settling Defendant shall implement the RA Work Plan.
Settling Defendant shall send notification, in writing, to the RPM that construction has begun
within seven (7) days of initiating construction.
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3. Pre-certification Inspection
Within 15 days after the Settling Defendant makes a preliminary determination that
construction is complete, the Settling Defendant shall notify EPA and WDNR for the purpose
of conducting a pre-certification inspection. The pre-certification inspection shall consist of
a walk-through inspection of the entire Site with EPA and WDNR. The inspection is to
determine whether the project is complete and consistent with the contract documents and the
Remedial Action.
Any outstanding construction items discovered during the inspection shall be identified and
noted. Retesting shall be completed where deficiencies are revealed. Settling Defendant
shall prepare a pre-certification inspection punch list, which shall outline the outstanding
construction items, actions required to resolve items, completion date for these items, and a
proposed date for final inspection.
4. Final Inspection
Within 15 days after completion of any work identified in the pre-certification inspection
punch list, the Settling Defendant shall notify EPA and WDNR for the purpose of conducting
a final inspection. The final inspection shall consist of a walk-through inspection of the Site
by EPA, WDNR, and the Settling Defendant. The pre-certification inspection punch list, if
necessary, shall be used as a checklist with the final inspection focusing on the outstanding
construction items identified in the pre-certification inspection. Confirmation shall be made
that outstanding items have been resolved.
5. Final Remedial Action Report
Within 30 days of a successful final inspection, the Settling Defendant shall submit a
Remedial Action Report. In the report, a registered professional engineer and the Settling
Defendant’s Project Coordinator shall state that the Remedial Action has been constructed in
accordance with the design and specifications. The written report shall include as-built
drawings signed and stamped by a professional engineer. The report shall contain the
following statement, signed by a responsible corporate official of a Settling Defendant’s
Project Coordinator:
To the best of my knowledge, after thorough investigation, I certify that
the information contained in or accompanying this submission is true,
accurate and complete. I am aware there are significant penalties for
submitting false information, including the possibility of fine and
imprisonment for knowing violations.
C.
Task 3: Operation and Maintenance
The Settling Defendant shall revise the O&M Plan prepared during Final Design Document
submission. The Final O&M Plan shall be submitted to EPA and WDNR within twelve (12)
months after the Final Inspection. The plan shall be composed of the following elements, at
minimum:
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1. Description of Normal O&M
a. Description of tasks for operation (if any)
b. Description of tasks for maintenance
c. Description of prescribed treatment or operation conditions (if any)
d. Schedule showing frequency of each O&M task
2. Description of Potential Operating Problems (If Any)
a. Description and analysis of potential operation problems
b. Sources of information regarding problems
c. Common and/or anticipated remedies
3. Description of Routine Monitoring and Laboratory Testing
a. Description of monitoring tasks
b. Description of required data collection, laboratory tests and their interpretation
c. Required quality assurance, and quality control
d. Schedule of monitoring frequency and procedures for a petition to EPA to reduce the
frequency of or discontinue monitoring
e. Description of verification sampling procedures if CLs or Performance Standards are
exceeded in routine monitoring
4. Description of Alternate O&M
a. Should systems fail, alternate procedures to prevent release or threatened releases of
hazardous substances, pollutants or contaminants that may endanger public health and
the environment or exceed Performance Standards
b. Analysis of vulnerability and additional resource requirement should a failure occur
5. Corrective Action
a. Description of corrective action that may be implemented in the event that CLs or
Performance Standards are exceeded
b. Schedule for implementing these corrective actions
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6. Safety Plan:
a. Description of precautions, of necessary equipment, etc., for Site personnel
b. Safety tasks required in event of systems failure
7. Description of Equipment
a. Equipment identification
b. Installation of monitoring components
c. Maintenance of Site equipment
d. Replacement schedule for equipment and installed components
8. Records and Reporting Mechanisms Required
a. Operating logs
b. Laboratory records
c. Records for operating costs
d. Mechanism for reporting emergencies
e. Personnel and maintenance records
f. Monthly, quarterly, and/or annual reports to EPA and WDNR
g. ICIAP Annual Report
A.
Task 4: Performance Monitoring
Performance monitoring shall be conducted to ensure that all Performance Standards are met.
Performance monitoring shall be in accordance with the following documents:
Operation and Maintenance Plan
Quality Assurance Project Plan
Health and Safety Plan
Field Sampling Plan
IV.
SUMMARY OF MAJOR DELIVERABLES/SCHEDULE
A summary of the project schedule and reporting requirements contained in this SOW is
presented below:
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No.
Deliverable/Task
Due Date
1
Identify Project Coordinator
10 days after lodging of CD
2
Identify Supervising Contractor
30 days after lodging of CD
3
RA Work Plan
30 days after EPA approval of final design
submission
4
Award RA Contract(s)
60 days after approval of RA Workplan
5
Pre-Construction Inspection
15 days after awarding of RA Contract(s)
6
Initiate Construction of RA
30 days after Pre-Construction Inspection and
meeting
7
Notification of Initiation of Construction
7 days after construction is initiated
9
Final SCMMP, ICIAP, NAIMP, and CP
(if standalone)
No later than Pre-certification Inspection
10
Notification of Completion of
Construction and Scheduling of Precertification Inspection
Within 15 days after preliminary
determination of construction completion
11a
Pre-certification Inspection Punch List (if
necessary)
15 days after Pre-certification Inspection
11b
Pre-certification Inspection Report (if
there is no punch list)
30 days after Pre-certification Inspection
12
Final Inspection
15 days after work in Pre-certification
Inspection Punch List is completed under
schedule approved by EPA
13
Remedial Action Report
30 days after Final Inspection
14
Final O&M Plan
12 months after Final Inspection
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