us EPA RECORDS CENTER REGION 5

449687 Third Five-Year Review Report

Dixie Auto Salvage Site Danville area Vermillion County Illinois

Prepared by U.S. EPA, Region 5, Chicago, Illinois

Approved by: Date:

f2a^ g- Z::^ 2- / f- 13 Richard C. Karl, Director Superfund Division U.S. Environmental Protection Agency Cover Photo: '

November 29, 2007. This photo was taken at about noon from a bluff along the eastern Dixie Auto Salvage site boundary - looking north towards the North Fork of the Vermilion River. Five-Year Review Report

Table of Contents

List of Acronyms

Executive Summary

Five-Year Review Summary Form

Five-Year Review 1

I. Introduction 1

II. Site Chronology 2

III. Background 3 Site Characteristics 3 Land and Resource Use 4 History of Contamination 5 Initial Response Actions 7 Basis for Taking Actions 8

IV. Removal Actions 9 Response Selection 9 Response Implementation 9 Institutional Controls 12 Operation, Monitoring, and Maintenance 13

V. Progress Since the Last Five-Year Review 14

VI. Five-Year Review Process 14 Administrative Components 14 Document Review 14 Community Notification and Involvement 14 Data Review 14 Site Inspection 16 Interviews 16

VII. Technical Assessment 17 Question A: Is the remedy functioning as intended? 18 Question B: Are the exposure assumptions, toxicity data, cleanup levels, and remedial action objectives (RAOs) used at the time of the remedy selection still valid? 18 Question C: Has any other information come to light that could call into question the protectiveness of the remedy? 20

Technical Assessment Summary 20 VIII. Issues 20

IX. Recommendations and Follow-up Actions 20

X. Protectiveness Statement(s) 20

XI. Next Review 20

Attachments following page 21

1. List of Documents Reviewed 2. Copy of Notice of Dixie Auto Salvage Five-Year Review advertisement 3. State Comments 4. ARARs Analysis 5. Site Inspection Checklist 6. Recorded Environmental Covenant

Figures

Figure 1 - Site location map 3 Figure 2 - Site location map - detail ..4 Figure 3- Photo - View of cap 5 Figure 4 - Photo -View of cap - Dixie Highway 6 Figure 5-Site Features 11 Figure 6 - Photo - Former Burris home location 12 Figure 7 - Photo - Warning sign on site fence 19

Tables

Table 1 - Chronology of Dixie Auto Salvage Site Events 2 Table 2 - Institutional Controls Summary Table.. 13 Table 3 - Groundwater Monitoring Results 17 List of Acronyms

AOC Administrative Order on Consent ARARs Applicable or Relevant and Appropriate Requirements ATSDR Agency for Toxic Substance and Disease Registry CERCLA Comprehensive Environmental Response, Compensation, and Liability Act (Superfund law) DAS Dixie Auto Salvage DCE Dichloroethene EE/CA Engineering Evaluation/Cost Analysis HDPE High Density Polyethylene IDPH Illinois Department of Public Health Illinois EPA Illinois Environmental Protection Agency IC Institutional Control MCL Maximum Contaminant Level (under the Safe Drinking Water Act) mg/kg Milligrams per kilogram ("parts per million") mg/L Milligrams per liter ("parts per million") NCP National (Oil and Hazardous Substances Pollution) Contingency Plan NPL National Priorities List NTC Non-time critical (removal action) OM&M Operation, monitoring, and maintenance PCDFs Polychlorinated dibenzofurans PCBs Polychlorinated biphenyls ppb Parts per billion ppm Parts per million PRP Potentially responsible party RAP Removal Action Plan RCRA Resource Conservation and Recovery Act TACO Tiered Approach to Cleanup Objectives |Ltg/L Micrograms per liter ("parts per billion") UU/UE Unlimited use and unrestricted exposure VOCs Volatile organic compounds U.S. EPA United States Environmental Protection Agency Executive Summary

Introduction

The 15-acre Dixie Auto Salvage (DAS) non-National Priorities List (NPL) site is located between the North Fork of the Vermilion River and State Highway 1 (the "Dixie Highway"), about two to three miles north of Danville, IL (see map, below). The Illinois Environmental Protection Agency (Illinois EPA) was made aware of possible contamination at the site in March 1994. Illinois EPA referred the DAS site to the United States Environmental Protection Agency (U.S. EPA) after it had inspected the site in April 1994 and identified several areas of potential concern.

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U.S. EPA evaluated the site in fall 1994 and later determined that the General Electric Company (GE) was a potentially responsible party. In 1995, under U.S. EPA oversight and an Administrative Order on Consent (AOC), GE excavated over 800 tons of polychlorinated biphenyl (PCB)-contaminated soil and other debris from the site and hauled it to an off-site facility for disposal. General Electric also put up a site fence to prevent casual access to any contaminated areas.

Next, GE evaluated residual contaminant levels at the site and several cleanup alternatives for the contaminated areas. The U.S. EPA signed an Action Memorandum (Action Memo) that set forth the final cleanup methods for the DAS site in 1998.

General Electric then conducted a non-time critical (NTC) removal action in accordance with the Action Memo and under a second AOC, commencing work in October 1998.

The 1998 NTC removal action included the excavation and on-site consolidation of PCB- and/or lead-contaminated soil, sediments, and debris; the installation of a RCRA Subtitle C-type cap over the area of waste consolidation; the installation of a leachate collection system; and habitat enhancement actions. The Action Memo also called for the placement of institutional controls (ICs) upon the property in the area of waste consolidation. GE completed the NTC removal action in summer 1999 and, in accordance with the AOC, has been operating and maintaining the cap and leachate collection system and periodically monitoring groundwater quality beneath the site since then. It also completed the purchase of the bulk of the site from the site owners in 1999, with the owners retaining an approximately 1.34-acre piece of land directly adjacent to the Dixie Highway with no known site contaminants on it.

U.S. EPA, under Agency discretion, has conducted a third Five-Year Review of the DAS site cleanup remedy. The first DAS Five-Year Review was signed in May 2003. The signature date of the second Five-Year Review (February 2008) is the trigger date for the third Five-Year Review at the site.

U.S. EPA analyzed the ICs on the site and found that a deed notice was recorded on the 1.34-acre portion of the site (retained by the owners) adjacent to the consolidation area around August 1999 but that no ICs were placed on the consolidation area itself. At the time, this did not constitute a short-term health risk because GE owns the contaminated parcel and it was under an enforceable agreement to maintain site-use restrictions and implement ICs. Also, GE has indicated that it has no immediate plans to reuse, sell, or otherwise transfer ownership of the consolidation area.

U.S. EPA recommended that GE place appropriate ICs on the site by March 31, 2009. The additional ICs would ensure that future owners or residents are aware of residual environmental contaminants at the site and that they would take no actions to either consume polluted groundwater or jeopardize the engineering controls placed at the site. Additionally, the new ICs would ensure that off-site groundwater use does not interfere with the remedy for the site. U.S. EPA requested GE to complete an IC Investigation/Study that would identify the existing site ICs, identify other ICs that are required, and develop a schedule to complete and implement any required ICs at the site.

An Environmental Covenant, pursuant to the Uniform Environmental Covenants Act, 765 ILCS 122, was granted by GE to Illinois EPA and U.S. EPA on January 30, 2012. The Environmental Covenant prohibits interference with the cap and use of the groundwater beneath the site.

U.S. EPA has determined that the remedy at the DAS site is protective of human health and the environment in both the short- and the long-term. Exposure pathways that could result in unacceptable risks are being controlled through physical barriers (e.g. landfill cap, site fence) that are being maintained in working order and because GE owns the property containing the consolidated wastes. Monitoring well sampling results show that site contaminants are not moving into the groundwater. Long-term protectiveness is being met by these actions and by the implementation ICs in the form of the Environmental Covenant executed in January 2012. Five-Year Review Summary Form

SITE IDENTIFICATION

Site Name: Dixie Auto Salvage (DAS); Illinois EPA identifier: "Burris Property"

EPA ID: IL0001086842 Region: 5 State: IL City/County: Danville areaA/ermillion County

NPL Status: Non-NPL

Multiple OUs? Has the site achieved construction completion? No N/A; removal action completion on 9/12/2000

Lead agency: EPA

Author name (Federal or State Project Manager): Tom Barounis

Author affiliation: USEPA

Review period: 02/29/2008 - 02/28/2013

Date of site inspection: September 25, 2012

Type of review: Discretionary Review number: 3 Triggering action date: 02/28/2008

Due date (five years after triggering action date): 02/28/2013 Five-Year Review Summary Form (continued)

Issues/Recommendations

OU(s) without Issues/Recommendations Identified in the Five-Year Review: OU 1

Protectiveness Statement(s)

Operable Unit: Protectiveness Determination: OU 1 Protective Protectiveness Statement: U.S. EPA has determined that the remedy at the DAS site is protective of human health and the environment in both the short- and the long-term. Exposure pathways that could result in unacceptable risks are being controlled through physical barriers (e.g. landfill cap, site fence) that are being maintained in working order and because GE owns the property containing the consolidated wastes. Monitoring well sampling results show that site contaminants are not moving into the groundwater. Long-term protectiveness is being met by these actions and by the implementation ICs in the form of the Environmental Covenant executed in January 2012.

Sitewide Protectiveness Statement

Protectiveness Determination: Protective Protectiveness Statement: U.S. EPA has determined that the remedy at the DAS site is protective of human health and the environment in both the short- and the long-term. Exposure pathways that could result in unacceptable risks are being controlled through physical barriers (e.g. landfill cap, site fence) that are being maintained in working order and because GE owns the property containing the consolidated wastes. Monitoring well sampling results show that site contaminants are not moving into the groundwater. Long-term protectiveness is being met by these actions and by the implementation ICs in the form of the Environmental Covenant executed in January 2012. Third Five-Year Review Report

I. Introduction

The United States Environmental Protection Agency (U.S. EPA) Region 5, in consultation with the Illinois Environmental Protection Agency (Illinois EPA), has conducted the third Five-Year Review for the Dixie Auto Salvage (DAS) non- NPL site, Danville area, Vermilion County, Illinois. The U.S. EPA conducted this review from September 2012 through February 2013. This report documents the results of the third Five-Year Review at the DAS site.

Purpose

The U.S. EPA conducts a Five-Year Review at a cleanup site to determine whether the remedy is, or is expected to be, protective of human health and the environment. EPA documents the review methods, findings, and conclusions in Five-Year Review reports. This report is being conducted at the discretion of U.S. EPA Region 5.

Authority

U.S. EPA prepares Five-Year Review reports pursuant to CERCLA §121 and the National Contingency Plan (NCP). CERCLA §121 states:

If the President selects a remedial action that results in any hazardous substances, pollutants, or contaminants remaining at the site, the President shall review such remedial action no less often than each five years after the initiation of such remedial action to assure that human health and the environment are being protected by the remedial action being implemented. In addition, if upon such review it is the judgment of the President that action is appropriate at such site in accordance with section [104] or [106], the President shall take or require such action. The President shall report to the Congress a list of facilities for which such review is required, the results of all such reviews, and any actions taken as a result of such reviews.

U.S. EPA interprets this requirement further in the NCP; 40 CFR §300.430(f)(4)(ii) states:

If a remedial action is selected that results in hazardous substances, pollutants, or contaminants remaining at the site above levels that allow for unlimited use and unrestricted exposure, the lead agency shall review such action no less often than every five years after the initiation of the selected remedial action.

As the Dixie Auto Salvage Site is not an NPL site, this review is being conducted at the discretion of U.S. EPA Region 5 and not as per the statute or U.S. EPA policy.

Triggering Action

The triggering action for this discretionary review is the date of the second Five-Year

-1 - Review for the DAS site as shown in U.S. EPA's CERCLIS database: February 28, 2008. The U.S. EPA will not undertake future Five-Year Reviews at the DAS site because they are not required by statute or under any U.S. EPA policy.

II. Site Chronology

Table 1 summarizes the site chronology to date:

Table 1: Chronology of DAS Site Events

Event Date Initial discovery of contamination (by Illinois EPA) April 1994 Initial site inspection by U.S. EPA August 1994 Pre-NPL responses 1994-1995 Removal investigation complete 1995 Administrative Order on Consent (#1) July 1995 Initial (time critical) removal action Summer-Fall 1995 Engineering Evaluation/Cost Analysis Study 1996-1997 Action Memorandum signature September 1998 Administrative Order on Consent (#2) September 2,1998 Non-time critical (NTC) removal action start October 12,1998 Construction dates (start, finish) October 1998-July 1999 Removal Action completion date September 12, 2000 First Five-Year Review May 28, 2003 Site inspection date(s) - second review November 29, 2007 Second Five-Year Review February 28, 2008 Site inspection date(s) - third review September 25, 2012 III. Background

Site Characteristics

The DAS site is a 15-acre property located at 24455 State Route 1 (the "Dixie Highway"), about two to three miles north of Danville, Vermilion County, Illinois (see Figures 1 and 2). The site is a semi-rural, partially wooded residential lot adjacent to the North Fork of the Vermilion River (see Figure 3). During the 1960s and 1970s, a former owner of the property operated the Dixie Auto Salvage Yard at which he burned metal-bearing materials, such as auto parts, copper wire, and small lighting capacitors, to recover the metals for resale. The former owner also dumped the capacitors, large lumps of an asphaltic wax material derived from the same source as the capacitors, and other items containing hazardous materials such as lead and PCBs, into several on-site ravines as fill material (along with tree stumps, etc.). In the mid-1960s, a large fire within the ravine fill area caused a substantial quantity of the asphaltic wax material

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Figure 1: Site location map 2500 N

DIXIE AUTO SALVAGE SITE

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Figure 2: Site location map - detail to melt and then flow from the ravines towards and partially into the North Fork of the Vermilion River.

The previous owners (the Burris family) of the DAS site purchased the Dixie Auto Salvage Yard property in 1987 and maintained a home and small business on a portion of the site until the final cleanup action began in 1998. The General Electric Company (GE) purchased the majority of the site (about 13.7 acres) from the Burris family in 1998. The Burris home has been removed from the property but a workshop building remains on the portion (about 1.34 acres) still owned by the Burris family (see Figures 5 and 6).

Land and Resource Use

The DAS site is located in a semi-rural, residential area. Scattered homes are located directly north and to the west of the site along the Dixie Highway. An RV/camper sales and service business is located directly adjacent on the south side and more homes are nearby. Groundwater beneath the DAS site is not used for any purpose. City water is available to the homes and businesses to the south of site but to the north the homes are on private wells. The North Fork of the Vermilion River is the eastern boundary of the site. Run-off from the site drains into the river, which flows into Lake Vermilion, the water supply for Danville. Recreational fishing likely occurs in the Vermilion River.

Figure 3: Site view. Cap is in foreground. The wooded area is along the bluff overlooking the North Fork of the Vermilion River (see also cover photograph).

U.S. EPA projects that based upon current land use in the area, future land use will not change for the site during the next five years. GE has not indicated that it intends to sell its property and thus most of the site will remain as is ("green space"). The Burris property is for sale and is ready for reuse, most likely for commercial use due to its - location on the Dixie Highway (see Figure 4, next page) and its proximity to Danville.

History of Contamination

Illinois EPA was made aware of possible contamination at the DAS site in mid-March Figure 4: View from on site cap looking west towards the Dixie Highway. The remaining Burris property is across the fence; workshop is on extreme right (partially obscured by brush).

1994 (the result of an anonymous complaint called in to the Connmercial News of Danville). The caller voiced concerns about alleged open dumping of wastes and possible radioactive materials into a ravine behind the former Dixie Auto Salvage Yard.

Illinois EPA inspected the site on April 1, 1994. Its inspectors took three soil samples and 34 photographs to document the conditions of the site. The state reported finding various electrical components consisting of wire, small capacitors, solder, transformers and a substance known as "Compound" at the site. Later, it determined that the "Compound" was asphaltic wax material used in sealing electrical components. The inspectors also discovered several burn areas on site and noted that the ashes were mixed with electrical components. The asphaltic wax material was found to be in various shapes and sizes. The inspectors concluded that electrical components were burned to salvage the metals and the asphaltic wax material, wh6n molten, was allowed to run into any type of container that was available, including 55-gallon drums and cardboard boxes, or directly onto the ground. Analytical results for the three soil samples indicated concentrations of polychlorinated biphenyls (PCBs) and lead above health-based guidelines. No radioactive material was found or indicated to be present. Initial Response Actions

Illinois EPA made requests for assistance from U.S. EPA's Emergency Response Branch concerning the DAS site in May and July 1994. In the interim, Illinois EPA sampled the Burris family drinking water well in June 1994. The state found the well was recently installed (in 1989) and that it was drilled to a depth of 200 feet. Analysis of the well water sample yielded no results above drinking water standards. Illinois EPA also advised the Burris family and their neighbors that PCBs had been found on the site and that they should avoid specific areas of the property until the contamination could be addressed.

U.S. EPA inspected the DAS site under Superfund authority in August 1994 and confirmed the Illinois EPA findings. Since Illinois EPA had discovered that the capacitors may have come from the GE manufacturing plant located in Danville (that was later purchased by Valmont Corporation), U.S. EPA sent GE a "General Notice of Potential Liability and Request for Information" letter in November 1994, signifying that U.S. EPA believed GE to be a potentially responsible party (PRP) at the site. GE provided a reply with documentation on the various substances and compounds used at the former GE facility, including the capacitors and asphaltic wax material.

U.S. EPA released a "Removal Action Plan (RAP) for Dixie Auto Salvage Yard" in January 1995. The RAP included the site inspection and sampling results which verified that concentrations of PCBs and lead were above action levels. A plan for the removal of site contaminants under Superfund removal authority was also included in the RAP. The site cleanup plan included preparation of a work plan, health and safety plan, site security plan, and a site-sampling plan to determine the nature and extent of surficial and sub-surface soil contamination for the removal and proper off-site disposal of all exposed containers, capacitors, rubber compounds, lighting ballasts (containing the asphaltic wax material) and contaminated surface soil.

The U.S. EPA and GE reached an initial site cleanup agreement in July 1995. Under an Administrative Order on Consent (AOC), GE agreed to undertake the surface waste removal, site security, and extent of contamination tasks identified in U.S. EPA's January 1995 RAP. General Electric proceeded to remove over 800 tons of contaminated soil, capacitors, blocks of asphaltic wax material, and other debris during the summer and fall of 1995. General Electric also placed a fence around the site, installed four groundwater-monitoring wells and analyzed water samples from the wells, and sampled soil from more than 50 surface and subsurface locations on the property.

Following the conclusion of its limited removal action at the site, GE produced a January 1996 report ("GE Report") that contained a detailed description of the results of the testing and studies that had been performed up to that time. The 1996 GE Report indicated that certain areas of the ground surface remained contaminated with PCBs and lead above recommended cleanup or action levels. Low levels of some volatile organic compounds (VOCs) were found below the ground surface in fill areas. The

-7- asphaltic wax material found at the site, including the material that flowed into the river, also contained PCBs above recommended cleanup levels. However, the river water quality was seemingly not affected by the asphaltic wax material containing PCBs, possibly because PCBs have low solubility in water and appeared to be tightly bound to the asphaltic wax material. Groundwater samples were shown to be unaffected by the surface soil contamination at the site.

U.S. EPA and GE also sampled the site for dioxins and polychlorinated dibenzofurans (PCDFs), respectively, in July 1996 because PCB-containing items (such as the small lighting capacitors) had been burned at the site over the years. Dioxins and PCDFs may have been produced as a result of incomplete combustion (of PCBs) and thus could also be a site contaminant hazard. Based on the dioxin and PCDF sampling information showing that low levels of these compounds were present, it was determined that setting a PCB-cleanup level in accordance with EPA's PCB-spill cleanup guidance would ensure the complete excavation of any soils or materials containing dioxins and PCDFs above health-based cleanup levels.

Basis for Taking Action

Contaminants of Concern

U.S. EPA, Illinois EPA, and GE sampled the soil and debris at the DAS site from 1994- 1996 and showed that PCBs and lead were present at concentrations above recommended health-based cleanup levels (10 ppm for PCBs and 400 ppm for lead). GE and U.S. EPA also performed a soil-sampling event that confirmed that low levels of dioxin and polychlorinated dibenzofurans are also present above recommended health- based levels within the volume of soil and debris impacted by PCBs. The asphaltic wax material in the river also had PCBs in it.

Contaminant Exposures

U.S. EPA addressed the DAS site contaminants in a removal action memorandum dated September 1998. It was determined that actual or potential human exposures to contaminants in site soil and sediments were associated with human health risks due to levels that exceeded U.S. EPA's risk management criteria (i.e. excess carcinogenic risk exceeded the risk range of 1 x 10"'* to 1 x 10"^ and/or non-carcinogenic hazards exceeded a hazard index (HI) quotient of 1) under reasonable exposure scenarios. Surface soils impacted by PCBs, lead, and dioxins/furans were subject to erosion which could have released hazardous substances into the adjacent river. Although the site fence had functioned to prevent casual access to the "burn" areas, it would not have served to prevent animals or persistent trespassers from coming into contact with impacted soil and debris.

U.S. EPA also examined the situation regarding the asphaltic wax material in the river with respect to PCB-contaminant levels and its potential impact on endangered species in the area. U.S. EPA concluded that the asphaltic wax material containing PCBs could

-8- be a low level, long-term threat to aquatic species, such as freshwater mussels, that might be living in the area. U.S. EPA, therefore, recommended that the asphaltic wax material be removed from the riverbed in compliance with U.S. EPA's residential spill policy for PCB cleanups.

IV. Removal Actions

Response Selection

After completing the sampling events in 1996, GE performed the equivalent of an Engineering Evaluation and Cost Analysis (EE/CA) at the DAS site. General Electric submitted to U.S. EPA a report entitled "Dixie Auto Salvage Site Response Action Alternative Evaluation" ("1997 GE Report") in May 1997 to document the EE/CA. Two proposed final cleanup options for the site were outlined in the 1997 GE Report. The first option was an on-site consolidation remedy and the second was an off-site disposal remedy.

U.S. EPA reviewed the 1997 GE Report and then discussed the two cleanup options with GE. General Electric made recommended modifications to the cleanup options. U.S. EPA presented them to the public in a proposed plan for removal action in June 1998. Following a public meeting (held in Danville) and comment period on the proposed plan, U.S. EPA selected the first option, on-site consolidation of contaminants, as the final DAS site cleanup action.

The on-site consolidation of contaminants remedy consisted of the excavation of soil and debris from limited areas of the site and the consolidation of the excavated soil and debris on an upland area (see Figure 5). After the wastes were placed on the consolidation area, a RCRA Subtitle C soil cover (cap) would be placed over it to prevent human or ecological receptors from coming in contact with the wastes and also to prevent contaminants from moving off-site. Groundwater quality beneath the waste consolidation area would be monitored periodically and the soil cover would be inspected (and repaired if necessary) on an annual basis to ensure its effectiveness.

Lastly, GE was to purchase much of the site from the Burris family and they would be relocated (see Figure 6) to another property. The Burris family would retain ownership of an acre or so of highway frontage containing the workshop building because this area was found to be unaffected by the past waste disposal practices of the Dixie Auto Salvage Yard. GE ownership of the waste consolidation area property would provide the greatest assurances that the wastes would be safely and efficiently managed.

Response Implementation

The U.S. EPA and GE signed a second AOC in September 1998 wherein GE agreed to perform the selected cleanup action. Work crews were mobilized to the site in October 1998 and all construction work was completed in July 1999. GE issued a Final Engineering Report in October 1999 detailing its site cleanup actions. GE excavated to depth all upland area soil and debris containing PCBs above 10 ppm and lead in excess of 400 ppm except in the area of waste consolidation. The excavated materials were placed onto the waste consolidation area.

At the same time, GE placed sheet piling around the asphaltic wax material in the river, dewatered the area, and excavated the asphaltic wax material from the riverbed and an additional 5 feet of sediment from the sides and below the asphaltic wax material in the river as a precaution against leaving PCBs behind in the sediment. The excavated material was dewatered and placed into the on-site waste consolidation area.

Lastly, GE excavated the asphaltic wax material and PCB-impacted soils at the bottoms of the ravines that drained into the river. A target PCB cleanup level of 5 ppm was met for the ravine excavation work. Excavated material was placed into the on-site waste consolidation area.

GE graded and then covered the on-site waste consolidation area with a soil-composite layer cap when it completed all the waste excavation tasks. The cap was placed on the waste consolidation area to prevent contact with the contaminants and to prevent movement of the wastes off-site. The cap was constructed by placing a non-woven geotextile directly over the consolidated wastes, placing a 40-mil HDPE (high-density polyethylene) flexible membrane liner over the geotextile, placing a drainage geotextile over the HDPE liner, and then 3 feet of a frost-protective soil layer over the drainage geotextile. The frost-protective soil layer consisted of 30 inches of clean soil followed by 6 inches of clean topsoil. The topsoil was seeded with grass to prevent erosion and the waste consolidation area was fenced.

GE also installed a leachate collection system into the waste consolidation area. The leachate collection system will prevent the off-site movement of contaminants in any leachate generated beneath the cap. The system consists of a collection trench (in contact with the waste) with attached piping that directs the leachate by gravity into a leachate storage container accessible through a manhole. The system has an estimated 1,269-gallon storage capacity.

An institutional control consisting of a deed notice on the remaining Burris-owned property as a means to help prevent improper site re-use (of the waste consolidation area) in the future was recorded by GE. Habitat enhancement actions were also completed by constructing bird and bat houses in several areas on the waste consolidation area.

The final cleanup action cost GE approximately $3.6 million.

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11 ^M*••• : Figure 6: Former location of Burris home (center of view) on northwest side of site along the Dixie Highway.

Institutional Controls '

Institutional controls (ICs) are non-engineered instruments such as administrative and/or legal controls that can be used to help minimize the potential for human exposure to site contaminants and/or protect the integrity of a cleanup remedy.

In September 1998 GE recorded an informational IC consisting of a deed notice on the remaining Burris-owned property, which indicated that the adjacent (GE-owned) parcel was previously used as a salvage yard. The notice relates that certain response actions had been taken with respect to site contamination on the adjacent parcel and that further information could be obtained by contacting the U.S. EPA Freedom of Information Act Officer (in Chicago), referencing the "Dixie Auto Salvage Yard Site." Table 2, below, summarizes the known ICs placed on the DAS site.

12 Table 2: Institutional Controls Summary Table

Site areas that do not support Title of Institutional Control unlimited use or unrestricted IC Objectives Instrument Implemented or exposure (current conditions) Planned

1.34-acre Burris Property Note existence of Deed notice on Burris-owned cleanup site parcel, September 1998

Prohibit interference Recorded Environmental Waste consolidation area (on with the cap Covenant, January 2012 GE-owned parcel) Prohibit the use of Recorded Environmental groundwater Covenant, January 2012 beneath the site

U.S. EPA believes that there are sufficient ICs in place to ensure long-term protectiveness at the site because GE owns the waste consolidation parcel; access to that parcel is restricted by a fence; the 1998 agreement requires GE to maintain the remediation systems and to record ICs; and GE has no present plans to sell or otherwise transfer ownership of the parcel. Also, GE has indicated it has no plans to reuse the parcel in the future.

In January 2012, to ensure long-term protectiveness and continuation of the property- use restrictions in the event of a future property transfer, GE entered into an Environmental Covenant with the Illinois EPA and the U.S. EPA, pursuant to the Uniform Environmental Covenant Action, 765 ILCS 122 ("UECA") for the purpose of subjecting the property to additional activity and use limitations. These activity and use limitations include prohibiting interference with the cap and the use of the groundwater beneath the site.

Operation, Monitoring, and Maintenance (OM&M)

The second AOC for cleanup of the DAS site requires GE to perform operation, monitoring, and maintenance (OM&M) tasks at the site for a minimum of 30 years. GE is also required to report to U.S. EPA on any work that was performed at the site. GE agreed to periodically remove collected leachate and dispose of the leachate off site; to monthly inspect the cap and fence and make any repairs as necessary; and to monitor groundwater quality beneath the site by sampling the monitoring wells on a quarterly basis for the first two years, semi-annually for years three and four, and annually for years five through thirty. The water samples would be analyzed for lead, PCBs, and VOCs to help U.S. EPA evaluate whether site contaminants are moving into the groundwater from the waste consolidation area.

General Electric estimates that it currently spends about $20,000-30,000/year for routine OM&M work at the DAS site, including mowing, inspection, sampling and analysis, minor repairs, and reporting.

-13- V. Progress since the Last Review

The U.S. EPA signed the first Five-Year Review Report for the DAS site on May 28, 2003 and the second Five-Year Review on February 28, 2008. U.S. EPA identified no issues to be addressed in the first Five-Year Review Report and therefore no specific follow-up actions were identified therein for completion. In the second Five-Year Review Report, U.S. EPA found the remedy to be protective in the short-term and identified the following issue:

• The containment area may require ICs to be placed for long-term protectiveness

Since the last review, GE has recorded an Environmental Covenant in January 2012 which addresses the concerns raised in the second Five-Year Review.

VI. Five-Year Review Process

Administrative Components

U.S. EPA began the third Five-Year Review at the DAS site in September 2012. The site remedial project manager (RPM) met with the PRP (GE) project manager and the PRP site contractor on September 25, 2012 for a site inspection. A public notice announcing the Five-Year Review was placed in the Wednesday, November 7, 2012 edition of the Danville Commercial—News and provided the Illinois EPA and the PRP project managers with a draft version of the Five-Year Review for comment.

Document Review

U.S. EPA reviewed several DAS site documents and/or reports. A complete list of documents reviewed is included as Attachment 1 at the end of this report.

Community Notification and Involvement

U.S. EPA notified the Danville community of the start of the third Five-Year Review at the DAS site by publishing an advertisement in a newspaper of general circulation. A copy of the advertisement is included as Attachment 2 at the end of this report. Community members were invited to submit any comments to U.S. EPA. No comments have been received concerning the third Five-Year Review for the DAS site.

Data Review

GE regularly submitted reports to U.S. EPA describing its OM&M efforts for the waste consolidation area and groundwater beneath the site. The reports were submitted in accordance with the AOC and the OM&M was performed in accordance with the approved OM&M Plan. U.S. EPA reviewed the reports for the time period following completion of the second Five-Year Review from 2008 through the present.

-14- Cap inspections

GE reported that it has had to periodically make repairs on small areas of the cap due to slumping or to animal burrowing. In each instance, the repairs were made within a reasonable time frame from when the problems were noted. Later reports noted that some erosion or slumping was occurring along the drainage downchute matting on the north side of the site leading down into the ravine and GE's contractor recommended repairs. In summer 2007 GE undertook the recommended repairs after submission to U.S. EPA of plans and specifications for this repair for review and approval. GE began the repair work in late July 2007 and completed the work two weeks later. The OM&M Manual was revised to include new inspection items related to the repairs on the site inspection checklist beginning in September 2007.

Inspection of the site in September 2012 confirmed that the cap is in good condition, with no visible erosion or slumping along the drainage downchute. The PRP contractor reported that, at various times, the liquid level in the sump has been high, although it has not been observed to overtop the sump.

Groundwater monitoring results

Consistent with a U.S. EPA-approved Supplemental Groundwater Investigation Work Plan, GE conducted a supplemental groundwater investigation at the site. The scope of the work included the following tasks:

• Installation of a shallow groundwater monitoring well (MW-6) at the location of existing monitoring well MW-3 • Completion of vertical aquifer sampling at two downgradient locations and installation of two monitoring wells (MW-7 and MW-8) based upon the vertical sampling results • Collection of groundwater samples from the site monitoring well network for volatile organic compound (VOC) analysis during four successive semi-annual events

The objective of the investigation was to determine whether there are VOCs in the groundwater beneath the site and, if present, whether the VOCs may migrate off-site.

Vertical aquifer sampling was completed during the period of November 9 through November 20, 2009. Three new monitoring wells (MW-6, MW-7 and MW-8) were completed in December 2009. Groundwater samples were collected from the eight site monitoring wells during the following four successive semi-annual monitoring events:

• First round - March 30, 2010 • Second round - October 19 and 20, 2010 • Third round - April 26 and 27, 2011 • Fourth round - October 11 and 12, 2011

15 The analytical data for 2011 showed that the only VOC detected at concentrations above the relevant regulatory standards (Illinois TACO Tier 1, Class 1 groundwater quality objectives and Safe Drinking Water Act Maximum Contaminant Levels [MCLs]) during the four semiannual sampling events was chloroform in MW-8, and was likely related to the water supply used for equipment decontamination. PCBs and lead were not detected in the annual groundwater samples collected in March 2010 and April 2011 (Table 3).

Site Inspection

U.S. EPA and GE performed a site inspection on September 25, 2012.

U.S. EPA found that the DAS containment area is functioning as designed and that the cover has not been breached. The site is secured by a chain link fence to prevent casual trespass in the waste consolidation area. Warning signs are posted on the fence and the fence itself was in good condition so that casual trespass is being prevented (see Figure 7).

Interviews

U.S. EPA did not formally interview members of the public about the protectiveness of the cleanup actions taken at the DAS site.

-16- 1fabl e 3: 2011 Groundwater Analytical Results Summary Well Number PCBs - ppb Lead - ppb VOCs - ppb Vinyl chloride - (MCL = 15 ppb) (MCL = 15 ppb) ppb (MCL = 2 ppb)

ND ND ND ND MW-1 - Apr MW-1 - Oct ND

MW-2 - Apr ND 3.6(cis-1,2-DCE) 1.9 (vinyl chloride)

MW-2 - Oct 3.9(cis-1,2-DCE)

MW-3 - Apr ND

MW-3 - Oct ND

ND ND ND MW-4 - Apr MW-4 - Oct ND

MW-5 - Apr ND ND ND

MW-5 - Oct ND

MW-6 - Apr ND

MW-6 - Oct ND

ND 2.0(carbon MW-7 - Apr disulfide)

MW-7 - Oct

MW-8 - Apr ND ND

ND 1.9(chloroform) MW-8 - Oct 4.8{carbon disulfide)

ND = Not detected MCL = Maximum Contaminant Level (Safe Drinking Water Act)

VII. Technical Assessment

The review of documents, ARARs, risk assumptions, and the results of the site inspection indicates that the remedy is functioning as intended. The conclusions below are based on the information reviewed in the previous sections of this report:

17 Question A - Is the remedy functioning as intended by the decision documents?

Answer A - Yes.

U.S. EPA's analysis shows that the remedy is functioning as designed. The cap, leachate collection system, and fence are easily maintained and necessary repairs are made within a reasonable time frame. Routine OM&M of the cap will maintain the effectiveness of the waste consolidation area. Repair rates appeared to be normal. Sufficient resources are directed to the site by GE to maintain the effectiveness of the leachate collection system, the cap, and the site fence.

U.S. EPA identified no opportunities to optimize performance of OM&M for the site.

Question B - Are the exposure assumptions, toxicity data, cleanup levels, and remedial action objectives (RAOs) used at the time of remedy selection still valid?

Answer B - Yes.

Changes in Standards and TBCs

One of the DAS cleanup objectives was to remove the asphaltic wax material (containing PCBs) from the North Fork of the Vermilion River to achieve a PCB cleanup goal of 1-2 ppm in the river sediment. Although PCB cleanup goals at other sediment sites in the nation have since been set at as low as 0.25 to 1.0 ppm, the DAS sediment cleanup is likely more stringent than 1-2 ppm, or even 0.25 ppm, because GE also removed up to 5 feet of soil, sediment, and clay from around and below the asphaltic wax material flow when it removed the wax material from the riverbed. Since the PCBs were tightly bound in the asphaltic wax material, little or no PCBs contaminated the sediment around the flow. Thus, the bulk of the up to 5 feet of surrounding soil, sediment, or clay GE excavated along with the wax material was not impacted by the PCBs in the flow.

U.S. EPA selected a 10-ppm PCB cleanup level for upland areas outside of the waste consolidation area and 5 ppm in the ravines. U.S. EPA considers a PCB cleanup level of 1-10 ppm to be protective for unrestricted use (with the lower value preferred). However, the institutional control and the site fence help prevent unrestricted use of the consolidation-area parcel. Therefore, the PCB cleanup level and remedial action objective used at the time of remedy selection is still valid.

The cleanup level for lead in surface soil has not changed from 400 ppm.

-18 Figure 7: Warning sign posted on site fence ^

U.S. EPA examined the "ARARs Analysis" document (Attachment 4) provided to support the Removal Action Memorandum in September 1998. The analysis continues to support the assumptions made when the final cleanup remedy for the DAS site was determined and that no ARARs' had changed in a manner that would require re­ examination of the selected remedy since the document was written.

Changes in Exposure Pathways

There have been no changes in exposure pathways or site uses since the remedy was completed. Thus, the exposure pathways assumptions are still valid.

Question C - Has any other information come to light that could call into question the protectiveness of the remedy?

1 . . Certain ARARS may no longer be relevant or appropriate since certain work is complete with no continuing obligations (e.g., ARARS for sediment removal in the North Fork of the Vermillion River would only be applicable or relevant and appropriate if further sediment removal was required). -19- Answer C - No.

U.S. EPA is not aware of any other information concerning the DAS site that could compromise the protectiveness of the remedy. Implementation of the required ICs will ensure long-term effectiveness of the selected remedy.

Technical Assessment Summary

According to the data reviewed and the results of the site inspection, U.S. EPA believes that the waste consolidation area is being operated and maintained properly. Thus, the remedy is functioning as intended by the design documents.

VIII. Issues

U.S. EPA identified no issues with the site cleanup remedy during the third Five-year Review.

IX. Recommendations and Follow-up Actions

U.S. EPA has no recommendations.

X. Protectiveness Statement(s)

U.S. EPA has determined that the remedy at the DAS site is protective of human health and the environment in both the short- and the long-term. Exposure pathways that could result in unacceptable risks are being controlled through physical barriers (e.g. landfill cap, site fence) that are being maintained in working order and because GE owns the property containing the consolidated wastes. Monitoring well sampling results show that site contaminants are not moving into the groundwater. Long-term protectiveness is being met by these actions and by the implementation ICs in the form of the Environmental Covenant executed in January 2012.

XI. Next Review

The U.S. EPA will not conduct further Five-Year Reviews for the DAS site because they are not required by the statute or by U.S. EPA policy.

-20 Attachments

1. List of Documents Reviewed 2. Copy of Notice of DAS Five-Year Review advertisement 3. State Comments 4. 1998 ARARs analysis 5. Site Inspection Checklist 6. Recorded Environmental Covenant

21 Attachment 1

List of Documents Reviewed

1. First Five-Year Review Report for DAS site. May 2003 2. Second Five-Year Review Report for DAS site, February 2008 3. Environmental Covenant recorded in Vermilion County, January 30, 2012 4. Supplemental Groundwater Investigation Report (GE), January 2012 5. Annual Groundwater Monitoring Report (GE), 2008-2011 6. Annual Operation, Maintenance, and Monitoring Reports (GE), 2008-2012 7. Discovery Site Visit Report (Removal Assessment) 8. Proposed Plan for Removal Action, June 1998 9. Action Memorandum, September 1998 10. "ARARs Analysis" Document (from Action Memorandum), June 1998 11. Administrative Order on Consent, 1995 12. Administrative Order on Consent, 1998 13. Final Engineering Report (GE), April 2000 14. IDPH letter concerning well water sampling at RV business, July 2005 15. ATSDR Health Consultation - Dixie Auto Salvage Site, September 2006 16. Final Construction Report - Letdown Repair (GE), October 2007 Attachment 2

Notice of Dixie Auto Salvage Five Year Review set oul inthe advertis­ Annette Davis, R.N., D.O.N. contingi ing. Jim Clingan Auction & helpful. J The successful bidder Realty St. Joseph, Danville Care Center mensuratj will be required to enter 217-459-2500 ence. Sei) into a written contract 1 70 1 Bowman Ave., tial resun within ten (10) days af­ Lenhart Auction & Realty Danville, Illinois 61832 ter the contract is www.lentiartauction.com awarded and furnish EOE bond guaranteeing per­ Georgetown 662-8644 formance. General-Help ooc General Help- Definite specifications AUCTION 225 Wanted r-> ^'•'' :;: Wanted ^;jg which describe the routes to be traveled, 812 Perrysville Rd., the equipment to be fur­ Danville, IL 61832 RN's this is your lucky day! nished and other condi­ November 8 Thursday 5:00 pm A rare part time opportunity is available to tions which will be re­ care for healthy people. Merci quired in the contract • Wood shop tools, i are now on file in the electric power washer, ID gallon Top 5 reasoris to work for us: Office of the Superin­ 1. Consistent Case Load 305:^ tendent. parts washer clean­ ing system, wrestling 2. Appreciative Patients BOARD OF SCHOOL mats, basketball 3. Flexible part Time Schedule Straw,:! TRUSTEES back boards, base­ 4. No direct supervisory responsibilities square t; p NORTH VERfvliLLION ball tarps, 10x50 net. 5. No uniform requirements each, no rg COIVIMUNITY and bases. Flamma­ year. 2l| I-c^. i^£> SCHOOL ble storage cabinets, Come see what you've been missing out on. CORPORATION sofa, loveseafs, lots Apply at Schultz House Larry A. Bemis, 315 ^r| of misc. & much 340 Bryan Ave., or email resume and President much more. Go to: Roger P. Lewis, auction zip.com for salary requirements to Home D« Vice President, complete listing [email protected] Dark sad John R. Garner Lie #441.000138, chenille. 51 David D. Smith 217-446-7028 $25(21^ Rick O. Weir JoNita McBride Larry D. Wickens Home De Heavy teil 4 an Special suede. 54) '°" Notices $23(21^ ROOFING DONE Home pe RIGHT!! Senior Dis­ Liqhtweigf counts & Financing silky fabrics Available. Call SKL DD HOMES $26(217! Contracting, 442-5500 Home D^ Lightweigh SCHULTZ HOUSE 340 Bryan Ave 54" w,T Danville, IL 61832 MANAGER'S 543(2-i7| 217-443-0222 You've worked hard, Home De ddhomes.net now work fun managing exceptional LightweioB EPA Begins Review 1-866-363-7909 Green.BC of Dixie Auto Salvage staff & care for individuals witti 25"$3S(2t Superfund Site developmental disabilities! Danville, Illinois Home De The U.S. Environmental Appreciative Environment and Residents Med wa Protection Agency is re­ Competitive Salary Greec viewing the uixie Auto Strong Administrative Support 54"Wi Salvage Superfund site Ongoing Management Training $32(217} located at 24455 Illinois Comprenensive Clinical Training CEO's Provided at No Cost Home Dej State Route 1, approxi­ Err^ployment mately 3 miles north of Stable Ownership Silky dark: Danville Vermilion Full Benefits Package color. 54"v County, IL. The Super- ' Paid Training for State Certification and/ $35(217} fund law requires re­ or Licensure views at least every five looking • Cutting-edge Clinical & Ivlanagement Home De years at sites where the Software and Systems. Terranov cleanup is complete but Manage Great Staff in wonderfully Beige, g hazardous waste is Maintained Facilities green, re managed on-site. —Bachelor's Degree Required— 58"w, a The U.S. EPA, in con­ $45(217) sultation with Illinois Tfiis is your cfiance to.... EPA, will evaluate Check Ihe White Mi whether the final rem­ WORK WHERE WORK IS BETTER! Sewing! edy remains protective Excellent VVhethef j-ou'ie qienin^ tkon ot $70(217) of human health and Call us toll-free at 866-363-7909 the environment. We drmlj:ng ccspoQie LMWW, ^txjt ne^\• will evaluate site docu­ CJfnf sioftj ir iheclJisill-diecliCMi. to learn more about career M^e in laeoito* rfeasion, 340 Cerrii ments, results of peri­ advancement opportunities in • J odic inspections of the Ovd the vlossifwJ jds llfT.L management. cover system and fence Sunset Cei and the periodic sampl­ $400ea ner ing results to make our classifieds Call Andy determination. Should anytime d we find any areas of firsi potential concern, we V^. will work with the poten­ 345 Hardwi tially responsible party Ibe bilplaa bbd b m*ylbnig to fix them. The U.S. Epson p' EPA will issue a report black cart: on the five-year review COMMFJiCUl-NF,WipKK. Evmir n*vS . afaSJ I 217-446-1 in February 2013. This .•U-nrws.c(im is the third 5-year re­ DD HOMES view 370,'-^ Information on the Dixie NETWORK Auto Salvage site can 215 Drivers WWW. DOHomes. net be found at: Remington Danville Public Library FedEx Ground Cham­ 270-calit3 paign. Team dedicated #6629478, i 319 North Vermilion St. CDL Class A, clean pnc Business nnc?'i Business N & 3x-§) banner,' We welcome com­ M.VR., 1-yr. ^"'^ Opportunities ^"•^-Opportunities ments on the site re­ mounts U! view. For more infor­ experience. $5 300 case, exce month. Phone Peter, mation or to send com­ Business Opportunities Chance-S ments, please 630-430-9533 card reqii contact: Substitute Newspaper Anniversal Thomas Barounis SHUTTLE 700,191 Remedial Project DRIVER NEEDED Carriers Wanted 217-26 Iwlanager Office of Established trucking Super!undJSR-6J) company needs Have you ever delivered newspapers before? U.S. EPA, Region 5 experienced driver to Do you have a need to earn some additional '385;|fj 77W.Jackson Blvd. income but you don't want to be tied down to shuttle loads between Antique re( Chicago, IL 60604 factory and warehouse your own route 6 days a week? The 1-800-^21-8431 in North Danville area. Commercial-News is in need of "experienced radio con! ext 35577 Valid Class A CDL and newspaper carriers that only want to deliver 42in/46in H [312)353-5577 solid driving experience an open route from time-to-time. stand w/gid barounis.thomasO required. Good DIVIV Surrounl epa.gov (MVR) printout If you're interested System $ Janet Pope Community important. 12 hr. shift (217)3! Involvement Coordina­ runs 3pm - 3am. please call Teri at tor Superfund Division $13.00/hr to start. (SI-7Jr U.S. EPA, Re- Overtime ifyou work 217-477-5167 or email aion 5 77 W. Jackson weekends. Call GARY [email protected] Blvd. Chicago, IL 60604 at 1-800-353-0628 Ravens Trucking. pope.Janet @ epa.gov 301 N 7th St., Or call toll-free, at 1/—4t — .J IM A-7r^e^ roMMFT^rjAT -NFW.C; " Attachment 3

State Comments RE: Dixie Auto Salvage Site (Danville, IL) - Five Year Review (draft) Q '=l^Hy THOMAS BAROUNIS to: Mullins, Michael 01/18/2013 11:59 AM

From: THOMAS BAR0UNIS/R5/USEPA/US To: "Mullins, Michael" ,

Mike,

With respect to the vinyl chloride, the below-MCL hit was seen in the April sampling but not in October; and the detection limit is right at the MCL (2.0). In any case, GE will continue to collect VOC samples and report the results to us.

The language regarding the bromotrichloromethane and chloroform I took from the Supplemental Groundwater Investigation Report, which noted that they were presumed to be the result of the water supply used for equipment decon. Taking a second look at the table, I found that, in fact, chloroform was the only THM that was detected. What was read as bromodichloromethane was actually a value for carbon disulfide. I revised the summary language and included those numbers for MW-8 for October 2011 in the table.

Thank you for the comments.

Tom Barounis, RPM U.S. EPA, Region 5, Superfund (312)353-5577 barounis.thomas(a)epa.gov

I "Mullins, Michael" Tom. I have takenja look at the documents. The... 01/15/2013 03:47:28 pM

From: "Mullins, Michael" To: THOMAS BAR0UNIS/R5/USEPA/US(a)EPA, Date: 01/15/2013 03:47 PM Subject: RE: Dixie Auto Salvage Site (Danville, IL) - Five Year Review (draft)

Tom,

I have taken a look at the documents. The "big" efforts of the past five years was the institutional controls.

In looking at the draft Five Year Review (FYR), pages 16 and 17, in reference to the sampling of the monitoring wells. MW-2 in Table 3 showed a detection of vinyl chloride and no comments on page 16. Also, Table 3, for MW-8 has no values for chloroform and bromodichloromethane yet the narrative on page 16 appears to say those compounds were found but were possibly an interference in the sample collecting or laboratory. Just clarify as these issues are something that we and public health officials often receive inquires about.

Mike Mullins Environmental Protection Specialist Illinois EPA, Champaign Region 217/278-5819 From: [email protected] [mailto:[email protected]] Sent: Wednesday, December 26, 2012 2:16 PM To: [email protected]; [email protected]; Mullins, Michael; [email protected]; Uruskyj, John (GE, Corporate) Cc: [email protected]; [email protected] Subject: Dixie Auto Salvage Site (Danville, IL) - Five Year Review (draft)

All,

Attached please find a draft Five Year Review (FYR) for the Dixie Auto Salvage Site. The attached files contain include the text of the FYR and attachments 2 (public notice advertisement from the local paper), 4 (ARARs analysis) and 5 (Site Inspection Checklist). The last item is a copy of the Recorded Environmental Covenant, which was executed in February 2012.

The last FYR for the site was signed on February 28, 2008. This is a policy-based review.

Please provide me with any comments that you may have on the document by January 26, and please let me know if you have any questions.

Thank you.

Tom Barounis, RPM U.S. EPA, Region 5, Superfund (312)353-5577 [email protected]

(See attached file: Dixie Auto 3rd 5 Yr Review - draft rev 12-26-12.docx) (See attached file: 2013 FYR Public Notice ll-7-12.pdf) (See attached file: Dixie Auto 3rd 5 Yr Review Att 4 ARARs.pdf) (See attached file: Dixie FYR Site Inspection Checklist - Dixie.doc)

(See attached file: DASREAL Baker & Mckenzie 20120223# ERC.pdf

« Dixie Auto 3rd 5 Yr Review - draft rev 12-26-12.docx (596.9KB) 2013 FYR Public Notice ll-7-12.pdf (134.5KB-) Dixie Auto 3rd 5 Yr Review Att 4 ARARs.pdf {262.9KB) Dixie FYR Site Inspection Checklist - Dixie.doc (127.6KB) DAS_REAL Baker & Mckenzie 20120223# ERC.pdf (3.6MB)

(.4-7 MB), >> ^^k Re: General Electric Company - Dixie Auto Salvage Removal Action Third mn Five Year Review Q ^^^ THOMAS BAROUNIS to: Smith, Clarence 01/15/2013 02:24 PM P , "Carson, Robert", "Uruskyj, John (GE, Corporate)", Richard Clarizio, STEPHEN OSTRODKA Bee: THOMAS BAROUNIS

From: THOMAS BAR0UNIS/R5/USEPA/US To: "Smith, Clarence" , Co: "Carson, Robert" , "Uruskyj, John (GE, Corporate)" , Richard Clarizio/R5/USEPA/US(a)EPA, STEPHEN 0STR0DKA/R5/USEP/VUS(a)EPA Bcc: THOMAS BAROUNIS/R5/USEPA/US@EPA

Hi, Clarence. Sorry to take a week to get back to you on this.

I looked back at some of the site documents an I talked with John Uruskyj, GE's project manager for the site. I believe that the answer to your question is that the deed notice on the Burris property remains relevant and should be retained, although, as an informational IC, it does not need to be part of the UECA.

At the time that the notice was recorded on the deed, GE's concern was to make sure that any subsequent owner purchasing the uncontaminated acre or so of property that was retained by the Burris family should be informed that the uncontaminated parcel is, in fact, located next to a restricted site.

As informational ICs, deed notices generally do not provide enforceable restrictions, but EPA considers them useful and so, where they exist, they should be documented in the FYR.

As part of his review of the FYR, Steve Ridenour at EPA-HQ asked us if we intended to continue performing five year reviews at the Site. Since Dixie Auto Salvage was a removal site. Region 5 has been performing these reviews on a 'discretionary' basis. Based upon our discussions with Steve, this will be the last Five Year Review we will be doing at this site. GE will continue to perform O&M at the site and Region 5 will continue to receive their reports.

Please let me know if you have any additional questions.

Thanks.

Tom Barounis, RPM U.S. EPA, Region 5, Superfund (312)353-5577 barounis.thomas(a)epa.gov

"Smith, Clarence" Tom: I amjeviewing the draft Third Five Year R... 01/07/2013 10:57:06J^M

From: "Smith, Clarence" To: THOMAS BAR0UNIS/R5/USEPA/US@EPA, Cc: "Carson, Robert" Date: 01/07/2013 10:57 AM Subject: General Electric Company - Dixie Auto Salvage Removal Action Third Five Year Review

Tom: I am reviewing the draft Third Five Year Review for the General Electric Company - Dixie Auto Salvage Removal Action site in Danville, Illinois. In this review, I have identified an issue that may or may not be of importance.

The issue has to deal with the Section titled "Site Specific ICs". In the table provided, it talks of the recorded environmental covenant entered into by General Electric with regards to groundwater use and interference with the cap at the facility. There is a third item identified in the table, which refers to the 1998 deed notice on the Burris owned parcel. I am assuming that this is referencing the parcel that is identified in Section III, Item 3 of the AOC which was not considered by USEPA to be a part of the site. In Section IV of the Draft Third Five Year review (fourth paragraph) also references

"...The Burris family would retain ownership of an acre or so of highway frontage containing the workshop building because this area was found to be unaffected by the past waste disposal practices of the Dixie Auto Salvage Yard..."

My question is regarding the 1998 Deed Notice, and if that deed notice is still relevant. If it is not, Illinois EPA would recommend removing the reference to it in the Five Year Review. If it is, is this deed notice adequate or should this property be a part of the existing UECA or, alternatively, the subject of a new UECA?

Hope that this clarifies my question.

This is the only issue that I identified in the draft Third Five Year Review. Please let me know, so that Illinois EPA can get a concurrence letter out.

If you should have any questions, need any additional information, or would care to discuss this matter further, please let me know.

CLS

Clarence L. Smith, Manager Federal Site Remediation Section Division of Remediation Management Bureau of Land Illinois Environmental Protection Agency 1021 North Grand Avenue, East Post Office Box 19276 Springfield, Illinois 62794-9276

217-524-1655

"Weakness of attitude becomes weakness of character"

Albert Einstein

Notice: Any person who knowingly makes a false, fictitious, or fraudulent material statement to the Illinois EPA, either orally or in writing, commits a Class 4 felony. A second or subsequent offense after conviction is a Class 3 felony. (415 ILCS 5/44(h)). Attachment 4

ARARs Analysis Analysis of Applicable or Relevant and Appropriate Requirements of State and Federal Environmental Laws and Regulations (ARARs)

Dixie Auto Salvage Site June 1998

The chemicals of concern at this site include polychlorinated biphenyls (PCBs) and lead. The source of the PCBs is capacitors from lighting units and other related wastes. The source of the lead is believed to be from vehicle batteries and perhaps the ballasts used to contain the capacitors. Contamination of the site is located on and below the surface of the property and in the adjacent North Fork of the Vermilion River. The disposal is believed to have occurred prior to 1978. There are State-listed and endangered species that have been reported in the North Fork of the Vermilion River. The proposed removal actions are excavation and off-site disposal or consolidation and capping on-site of the PCB and lead wastes and contaminated soils. This would include activities to remove asphaltic wax from the North Branch of the Vermilion River. The wastes contain concentrations of PCBs above levels which are protective of the environment and human health^ and lead concentrations above 400 ppm.

The selected removal activities will comply with all substantive Federal and any more stringent State environmental ARARs. to the maximum extent practicable. Since this is a removal action the National Oil and Hazardous Substance Contingency Plan (NCP) may allow for some deviation from these identified ARARs due to the exigencies of the situation, 40 CFR 300.415(j). Any deviation will be subject to U.S. EPA prior approval. The major ARARs that will be attained by the components of the selected removal are listed below. The list of ARARs below is intended to be comprehensive; however, further refinement of the ARARs may be necessary prior to initiation of on-site activities depending on the activities being implemented.

1. Toxic Substance Control Act (TSCA), 15 U.S.C. 2601, 40 CFR 761. TSCA is considered an AFJAR for both removal actions due to the presence of PCBs, a TSCA regulated substance. The PCB cleanup concentration is derived from the TSCA Spill Policy (40 CFR 761.125) and protection of human health and sensitive ecosystems in the area. That policy generally allows, in a residential area, for surficial concentrations of between 1 to 10 ppm PCBs. At 10 ppm at least a 10-inch soil cover is required with appropriate deed restrictions. At 1 ppm no further restrictions are required. On the surface of the land the 10 ppm standard will be used to determine the areas of excavation with all consolidated PCB wastes below a soil/composite layer cap, with a fence and deed restrictions on the use of the consolidated waste area. For the adjacent stream, removal of the asphaltic wax and associated-soils should achieve a material residual concentration below 10 ppm. If it does not then the area will either be "regraded" with the equivalent of a 10-inch soil cover or further excavated.

Generally, this equates to between 1 to 10 ppm. The appropriate concentration is determined based on the media iiivolved and the potential for future exposure. contaminated wastes and soils, the proper decontamination of personnel and equipment, and deed and property use restrictions.

For the off-site disposal option, the RCRA generator requirements (40 CFR 262) and the land disposal restriction requirements (40 CFR 268) are applicable. Since the off-site disposal option is considered a clean closure and there is no evidence of groundwater contamination, no further RCRA regulations would be applicable or relevant and appropriate for the site.

3. Clean Air Act, 42 U.S.C. 7401, 40 CFR 50 & 52, Subpart 0. The Clean Air Act is applicable to the excavation activities associated with both removal options. Additionally, any more stringent substantive provision of the Illinois equivalent to the Clean Air Act shall be complied with. During these excavation activities, the national ambient air quality standards for particulate matter, fugitive dust, and lead shall not be exceeded. For the on-site consolidation option, the vegetative cover shall be maintained in a manner which prevents fugitive dust emissions.

4. Clean Water Act, 33 U.S.C. 1251 and its implementing regulations. There are no discharges from treatment operations anticipated under either option. Wetlands are not involved with either action. To the extent that any of the land- based excavation activities may cause a discharge of pollutants, the discharge shall be prevented to the maximum extent practicable and consistent with the Clean Water Act and its implementing regulations. The removal of the asphaltic wax and underlying soils from the river shall not result in the discharge of any pollutant to the waters of the river. This will be accomplished through installation of a temporary handier system, which will segregate the area of excavation from other non-contaminated areas of the river. Additionally, any more stringent substantive provision of the Illinois equivalent to the Clean Water Act shall be complied with.

5. State Endangered Species Act, 520 ILCS 10/2 and its implementing regulations. State-listed endangered and threatened mussel species have been recorded within one mile of the Site in the North Fori< of the Vermilion River^. They are not known to be present in the asphaltic wax and underiying soil area nor inhabit the area to be excavated. To the extent they are in this area, the removal activities will prevent any destaiction of individuals found in the area or further degradation of their habitat. The excavation of the asphaltic wax and underiying soils should improve the water quality and thus habitat of these animals. Upon completion of the removal action in the river, the area shall be returned to suitable conditions for habitat for these animals.

See July 10, 1996, memo from Dr. James Chapman to Kevin Adler entitled "Preliminary Sediment Cleanup Goal, Dixie Auto Salvage Yard, Danville, Illinois." Attachment 5

Site Inspection Checklist Site Inspection Checklist

I. SITE INFORMATION

Site name: Dixie Auto Salvage Site Date of inspection:

Location and Region: Danville, Illinois EPA ID: IL0001086842

Agency, office, or company leading the five-year review: Weather/temperature: Fair/sunny/80°F U.S. EPA Region 5

Remedy Includes: (Check all that apply) X Landfill cover/containment D Monitored natural attenuation X Access controls D Groundwater containment X Institutional controls D Vertical barrier walls D Groundwater pump and treatment . D Surface water collection and treatment D Other

Attachments: D Inspection team roster attached D Site map attached

IL INTERVIEWS (Check all that apply)

1. O&M site manager John M. Uruskyj, Remedial Project Manager 9-25-12

GE Corporate Envirorunental Programs Date

Interviewed: X at site D at office D by phone Phone no. 518-862-2717

Problems, suggestions; D Report attached {See Section XI, Overall Observations)

2. p&Mstaff StevenE. Davis, P.E. 9-25-12 Conestoga-Rovers & Associates Date

Interviewed: X at site D at office D by phone Phone no. 317-965-9765 Problems, suggestions; D Report attached {See Section XJ, Overall Observations)

3. Local regulatory authorities and response agencies (i.e.. State and Tribal offices, emergency response office, police department, office of public health or environmental health, zoning office, recorder of deeds, or other city and county offices, etc.) Fill in all that apply.

Agency Contact .__ Name Title Date Phone no. Problems; suggestions; D Report attached

Agency Contact Name Title Date Phone no. Problems; suggestions; D Report attached Agency Contact - - Name Title Date Phone no. Problems; suggestions; D Report attached

Agency Contact Name Title Date Phone no. Problems; suggestions; D Report attached •

4. Other interviews (optional) D Report attached.

m. ON-SITE DOCUMENTS & RECORDS VERIFIED (Check all that apply)

1. O&M Documents D O&M manual X Readily available D Up to date D N/A 0 As-built drawings X Readily available D Up to date D N/A D Maintenance logs D Readily available X Up to date D N/A Remarks

2. Site-Specific Health and Safety Plan X Readily available D Up to date D N/A D Contingency plan/emergency response plan D Readily available D Up to date X N/A Remarks

O&M and OSHA Training Records X Readily available D Up to date D N/A Remarks

Permits and Service Agreements D Air discharge permit D Readily available D Up to date X N/A D Effluent discharge D Readily available D Up to date X N/A D Waste disposal, POTW D Readily available D Up to date X N/A D Other permits D Readily available D Up to date D N/A Remarks

5. Gas Generation Records D Readily available D Up to date XN/A Remarks

6. Settlement Monument Records D Readily available D Up to date XN/A Remarks

7. Groundwater Monitoring Records X Readily available D Up to date a N/A Remarks

8. Leachate Extraction Records X Readily available D Up to date N/A

Remarks: Monthly reports and lEPA manifests readily available

9. Discharge Compliance Records D Air D Readily available D Up to date X N/A D Water (effluent) D Readily available D Up to date X NA Remarks

10. Daily Access/Security Logs D Readily available D Up to date X N/A.

Remarks: The site is inspected on a monthly basis.

IV. O&M COSTS

1. O&M Organization D State in-house D Contractor for State X PRP in-house X Contractor for PRP D Federal Facility in-house D Contractor for Federali Facility D Other

2. O&M Cost Records (O&M Costs are the responsibility of the PRP) D Readily available D Up to date D Funding mechanism/agreement in place Original O&M cost estimate D Breakdo^vn attached

Total annual cost by year for review period if available

From To D Breakdown attached Date Date Total cost From To D .Breakdown attached Date Date Total cost From To D Breakdown attached Date Date Total cost From To D Breakdown attached Date Date Total cost From To D Breakdown attached Date Date Total cost 3. Unanticipated or Unusually High O&M Costs During Review Period Describe costs and reasons:

V. ACCESS AND INSTITUTIONAL CONTROLS D Applicable D N/A

A. Fencing

1. Fencing damaged X Location shown on site map X Gates secured DN/A Remarks

B. Other Access Restrictions

1. Signs and other security measures D Location shown on site map D N/A

Remarks: Signs are located at the entrance and at intervals along the fence. Dents in some of the signs appear to reflect the effects of occasional hunting or possibly vandal activity around, but not within the site area.

C. Institutional Controls (ICs)

1. Implementation and enforcement Site conditions imply ICs not properly implemented D Yes X No DN/A Site conditions imply ICs not being fully enforced D Yes X No DN/A

Type of monitoring (e.g., self-reporting, drive by): Site inspections. Frequency: Monthly. Responsible party/agency: GE Corporate Environmental Programs.

1 9-25-12 518-862-2717 Contact John M. Uruskyj, Remedial Project Manager Date Phone no. Name Title Reporting is up-to-date XYes DNo DN/A Reports are verified by the lead agency X Yes D No D N/A

Specific requirements in deed or decision documents have been met XYes DNo DN/A Violations have been reported D Yes D No . X N/A Other problems or suggestions: D Report attached

Adequacy X ICs are adequate D ICs are inadequate DN/A Remarks

D. General 1. Vandalism/trespassing D Location shown on site map D No vandalism evident

Remarks: Dents in some of the signs appear to reflect the effects of occasional hunting or possibly vandal activity around, but not within the site area.

2. Land use changes on site X N/A Remarks i__

Land use changes off siteX N/A Remarks

VT. GENERAL SITE CONDITIONS

A. Roads X Applicable D N/A

1. Roads damaged D Location shown on site map X Roads adequate D N/A Remarks

B. Other Site Conditions

Remarks

Vn. LAIVDFILL COVERS D Applicable N/A

A. Landfill Surface

1. Settlement (Low spots) Location shown on site map X Settlement not evident Areal extent Depth Remarks

2. Cracks Location shown on site map X Cracking not evident Lengths Widths Depths Remarks

3. Erosion Location shown ori site map X Erosion not evident Areal extent Depth Remarks

4. Holes Location shown on site map X Holes not evident Areal extent Depth Remarks

5. Vegetative Cover X Grass X Cover properly established X No signs of stress Trees/Shrubs (indicate size and locations on a diagram) Remarks: 6. Alternative Cover (armored rock, concrete, etc.) N/A Remarks

7. Bulges Location shown on site map X Bulges not evident Areal extent Height Remarks

8. Wet Areas/Water Damage X Wet areas/water damage not evident Wet areas Location shown on site map Areal extent_ Pondmg Location shown on site map Areal extent_ Seeps Location shown on site map Areal extent Soft subgrade Location shown on site map Areal extent_ Remarks

9. Slope Instability Slides Location shown on site map X No evidence of slope instability Areal extent Remarks

B. Benches Applicable XN/A (Horizontally constructed mounds of earth placed across a steep landfill side slope to interrupt the slope in order to slow down the velocity of surface runoff and intercept and convey the runoff to a lined channel.) 1. Flows Bypass Bench Location shown on site map N/A Remarks

2. Bench Breached Location shown on site map N/A Remarks

3. Beinch Overtopped Location shown on site map N/A Remarks

C. Letdown Channels X Applicable N/A (Channel lined with erosion control mats, riprap, grout bags, or gabions that descend down the steep side slope of the cover and will allow the runoff water collected by the benches to move off of the landfill cover without creating erosion gullies.) 1. Settlement Location shown on site map X No evidence of settlement Areal extent Depth Remarks

2. Material Degradation Location shown on site map X No evidence of degradation Material type Areal extent Remarks

1 3. Erosion Location shown on site map X No evidence of erosion Areal extent Depth Remarks

4. Undercutting Location shown on site map X No evidence of undercutting Areal extent Depth Remarks , 5. Obstructions Type X No obstructions Location shown on site map Areal extent_ Size Remarks

6. Excessive Vegetative Growth Type_ No evidence of'excessive growth X Vegetation in channels does not obstruct flow Location shown on site map Areal extent Remarks

D. Cover Penetrations Applicable X N/A

1. Gas Vents Active Passive Properly secured/locked Functioning Routinely sampled Good condition Evidence of leakage at penetration Needs Maintenance N/A Remarks •

2. Gas Monitoring Probes Properly secured/locked Functioning Routinely sampled Good condition Evidence of leakage at penetration Needs Maintenance XN/A Remarks

3. Monitoring Wells (within surface area of landfill) Properlysecured/locked Functioning Routinely sampled Good condition Evidence of leakage at penetration Needs Maintenance X N/A Remarks

4. Leachate Extraction Wells Properly secured/locked Functioning Routinely sampled Good condition Evidence of leakage at penettation Needs Maintenance XN/A Remarks

5. Settlement Monuments Located Routinely surveyed XN/A Remarks . ' .

E. Gas Collection and Treatment Applicable X N/A

1. Gas Treatment Facilities Flaring Thermal destruction Collection for reuse Good condition Needs Maintenance Remarks

2. Gas Collection Wells, Manifolds and Piping Good condition Needs Maintenance Remarks

3. Gas Monitoring Facilities {e.g., gas monitoring of adjacent homes or buildings). Good condition Needs Maintenance N/A Remarks

F. Cover Drainage Layer X Applicable N/A

1. Outlet Pipes Inspected X Functioning N/A Remarks

2. Outlet Rock Inspected X Functioning N/A Remarks G. Detention/Sedimentation Ponds Applicable XN/A

1. SiltationAreal extent Depth N/A Siltation not evident Remarks

2. Erosion Areal extent Depth Erosion not evident Remarks

3. Outlet Works Functioning N/A Remarks

4. Dam Functioning N/A Remarks

H. Retaining Walls Applicable X N/A

1. Deformations Location shown on site map Deformation not evident Horizontal displacement Vertical displacement Rotational displacement Remarks

2. Degradation Location shown on site map Degradation not evident Remarks

I. Perimeter Ditches/Off-Site Discharge Applicable N/A 1. Siltation Location shown on site map Siltation not evident Areal extent Depth , Remarks

2. Vegetative Growth Location shown on site map N/A Vegetation does not impede flow Areal extent Type Remarks

3. Erosion Location shown on site map Erosion not evident Areal extent Depth Remarks

4. Discharge Structure Functioning N/A Remarks

Vni. VERTICAL BARRIER WALLS Applicable X N/A

1. Settlement Locafion shown on site map Settlement not evident Areal extent Depth Remarks

2. Performance MonitoringTyJDe of monitoring Performance not monitored Frequency Evidence of breaching Head differential Remarks IX. GROUNDWATER/SURFACE WATER REMEDIES X Applicable DN/A

A. Groundwater Extraction Wells, Pumps, and Pipelines D Applicable X N/A

1. Pumps, Wellhead Plumbing, and Electrical D Good condition All required wells properly operating D Needs Maintenance D N/A Remarks

2. Extraction System Pipelines, Valves, Valve Boxes, and Other Appurtenances D Good condition D Needs Maintenance Remarks

3. Spare Parts and Equipment D Readily available' D Good condition D Requires upgrade D Needs to be provided Remarks

B. Surface Water Collection Structures, Pumps, and Pipelines X Applicable N/A

1. Collection Structures, Pumps, and Electrical Remarks: Collection trench and sump are in good condition.

2. Surface Water Collection System Pipelines, Valves, Valve Boxes, and Other Appurtenances X NA

3. Spare Parts and Equipment X NA

C. Treatment System D Applicable X N/A

1. Treatment Train (Check components that apply) D Metals removal D Oil/water separation D Bioremediation D Air stripping D Carbon adsorbers D Filters D Additive {e.g., chelation agent, flocculent)_ D Others D Good condition D Needs Maintenance D Sampling ports properly marked and functional D Sampling/maintenance log displayed and up to date D Equipment properly identified D Quantity of groundwater treated annually D Quantity of surface water treated annually Remarks

Electrical Enclosures and Panels (properly rated and functional) N/A Good condition D Needs Maintenance Remarks

Tanks, Vaults, Storage Vessels D N/A Good condition D Proper secondary containment D Needs Maintenance Remarks Discharge Structure and Appurtenances D N/A X Good condition D Needs Maintenance Remarks

5. Treatment Building(s) D N/A X Good condition (esp. roof and doorways) D Needs repair X Chemicals and equipment properly stored Remarks : •

6. Monitoring Wells (pump and tteatment remedy) Properlysecured/locked Functioning Routmely sampled Good condition All required wells located D Needs Maintenance DN/A . •. • Remarks_ .

D. Monitoring Data

8. ' Monitoring Data

X Is routinely submitted on time X Is of acceptable quality

9. Monitoring data suggests: Slow remedial progress D Groundwater plume is effectively contained D Contammant concentrations are declining

D. Monitored Natural Attenuation: Regression analysis of monitoring data from four site wells shows that the groundwater contaminants attributable to the site are declinuDg in concentration. The rate of improvement is consistent with that expected at the time that the ESD was approved.

X. OTHER REMEDIES (N/A)

XL OVERALL OBSERVATIONS

A. Implementation of the Remedy

Describe issues and observations relating to whether the remedy is effective and fimctioning as designed. Begin with a brief statement of what the remedy is to accomplish (i.e., to contain contaminant plume, minimize infiltration and gas emission, etc.).

Birdhouses are in good shape. ^ ^Evidence of wildlife across the site Cap is effectively containing waste Adequacy of O&M

Describe issues and observations related to the implementation and scope of O&M procedures. In particular, discuss their relationship to the current and long-term protectiveness of the remedy.

Documentation is in place Monthly inspecfions ensure remedy integrity^

C. Early Indicators of Potential Remedy Problems

Describe issues and observations such as unexpected changes in the cost or scope of O&M or a high frequency of unscheduled repairs that suggest that the protectiveness of the remedy may be compromised in the fiiture.

None

D. Opportunities for Optimization

Describe possible opportunities for optimization in monitoring tasks or the operation of the remedy. Attachment 6

Recorded Environmental Covenant Baker & McKenzie LLP 300 East Randolph Street, Suite 5000 BAKER & M^KENZIE Chicago, Illinois 60601, USA if Tel:+1312 861 8000 Fax:+1 312 861 2899 ^ RECEIVED-ALBANY www.bakermckenzie.com FEB 27 2012

GECEP Asia Pacific February 23, 2012 Jessica Mitchell Wicha BangKok Tel: +1 312 861 7606 Beijir»g [email protected] Hanoi Mr. John M. Uruskyj HO Chi Minh City Hong Kong Remedial Project Manager ORIGINAL Jakarta GE Corporate Env. Programs Kuala Lumpur Manila 319 Great Oaks Boulevard Melbourne Shanghai Albany, NY 12203 Singapore Sydney Taipei RE: Recorded Environmental Covenant for 2445 State Route 1, Danville, Vermilion Tokyo County, Illinois Europe & Middle East Abu Dhabi Dear Mr. Uruskyj: Almaty Amstendam . Antwerp Enclosed, please find the original, signed, and recorded copy of the Environmental Covenant Bahrain Baku for the property located at 2445 State Route 1, Danville, Vermilion County, Illinois. As Barcelona Benin previously discussed, pursuant to Section 17(C) of the Environmental Covenant, copies of Brussels the recorded covenant were provided to the Illinois Environmental Protection Agency, U.S. Budapest Cairo Environmental Protection Agency, City of Danville, Vermilion County, AT&T and Mr. and DtJsseldorf Frankfurt / Main Mrs. Burris. Geneva K/iv London It has been a pleasure to work with you and Angelica on this matter and I hope the Madrid Milan opportunity arises to work together again in the future. Should you have any questions or Moscow need anything further, please do not hesitate to contact me. Munich Paris Prague Riyadh Rome Sincerely, St Petersburg Stockholm Vienna Warsaw wStW) - . Zurich

North & South Jessica Mitchell Wicha America Bogota Brasilia Enclosure Buenos Aires Caracas Chicago Dallas Guadalajara Houston Juarez Mexico city Miami Monterrey NewYorfi Palo Alto Porto Alegro Rio de Janeiro San Diego San Francisco Santiago Sao Paulo Tijuana Torwito Valencia Washington. DC Baker & McKenzie LLP is a member of Baker & McKenzie International, a Swiss Verein. 2-0084 5 8* 12-00841 BARBARA H. YOUNG VERMILION CO RECORDER, IL 01/30/2012 12:35:nPM PAGES: 58

This instrument was prepared by: ^ •* « O J |Vr\ L,

John W. Watson Baker & McKenzie LLP One Prudential Plaza, Suite 3500 130 East Randolph Dr. Chicago, IL 60601

Please return this instrument to:

Joiin W. Watson Baker & McKenzie LLP One Prudential Plaza, Suite 3500 130 East Randolph Dr. Chicago, IL 60601

Kim Geving Illinois Environmental Protection Agency Division of Legal Counsel 1021 North Grand Avenue East P.O.Box 19276 Springfield, Illinois 62794-9276

ENVIRONMENTAL COVENANT

1. This Environmental Covenant is made this jj.^ day of J>U\U| , 2012, by and among General Electric Company ("Grantor") and the Holders/Grantees furtheil identified in paragraph 3 below pursuant to the Uniform Environmental Covenants Act, 765 ILCS 122 ("UECA") for the purpose of subjecting the Property to the activity and use limitations described herein.

2. Property and Grantor.

A. Property: The real property subject to this Environmental Covenant is located at 24455 State Route 1 in Danville, Vermillion County, Illinois and is legally described in Appendix A, hereinafter referred to as the "Property."

B. Grantor: General Electric Company is the current fee owner of the Property and is the "Grantor" of this Environmental Covenant. The mailing address of the Grantor is General Electric Company, Corporate Environmental Programs, 319 Great Oaks Office Park, Albany, New York 12203.

3. Holders (and Grantees for purposes of indexing).

A. Illinois EPA is a Holder (and Grantee for purposes of indexing) of this Environmental Covenant pursuant to its authority under Section 3(b) of UECA. The mailing address of the Illinois EPA is 1021 North Grand Avenue East, P.O. Box 19276, Springfield, Illinois, 62794-9276.

B. General Electric Company is a Holder (and Grantee for purposes of indexing) of this Environmental Covenant pursuant to UECA. The mailing address of General Electric Company is General Electric Company, Corporate Environmental Programs, 319 Great Oaks Office Park, Albany, New York 12203. Regardless of any future transfer of the Property, General Electric Company shall remain a Holder of this Environmental Covenant. General Electric Company is to be identified as both Grantee and Grantor for purposes of indexing.

4. Agencies. The Illinois EPA and U.S. EPA are each an "Agency" within the meaning of Section 2(2) of UECA. The Agencies approved the environmental response project described in paragraph 5 below and may enforce this Environmental Covenant pursuant to Section 11 of UECA.

5. Environmental Response Project and Administrative Record.

A. This Environmental Covenant arises under a completed environmental response project as defined in Section 2(5) of UECA.

B. The Property is known asthe.Dixie Auto Salvage Site, which.is the site of an environmental response project pursuant to Section 106 of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9601 etseq. In July 1995, Grantor entered into an Administrative Order on Consent ("AOC") with U.S. EPA, pursuant to which Grantor conducted a removal action. Grantor conducted a second limited removal action pursuant to a September 2, 1998 AOC with U.S. EPA, described more fully in Appendix B. All required remediation work was completed by Grantor in accordance with the terms of the 1995 and 1998 AOCs, as described more fully in Appendix C. Operation, monitoring and maintenance of the cap and leachate collection system is ongoing in accordance with the April 2000 Operation, Maintenance, and Monitoring Manual ("Manual"). Additional semiannual monitoring is being performed during a two-year period, after which the Manual may be amended. In February 2008, U.S. EPA issued a Five-Year Report confirming that the remedy is protective of human health and the environment in the short term and that long-term protectiveness will be met by placement of institutional controls at the Property. Grantor completed an Institutional Control Investigation/Study in March 2010, and agreed to the activity and use limitations described herein, which have been approved by U.S. EPA. C. Grantor wishes to cooperate fully with the Agencies in the implementation, operation and maintenance of all response actions at the Property including implementation of the requested Activity and Use Limitations.

D. The Administrative Record for the completed environmental response project at the Dixie Auto Salvage Site (including the Property) is maintained at U.S. EPA Superfund Record Center, 7"" Floor, 77 West Jackson Blvd, Chicago, Illinois 60604.

6. Grant of Covenant. Covenant Runs With The Land. Grantor creates this Environmental Covenant pursuant to UECA so that the Activity and Use Limitations and associated terms and conditions set forth herein shall "run with the land" in accordance with Section 5(a) of UECA and shall be binding on Grantor, its heirs, successors and assigns, and on all present and subsequent owners, occupants, lessees or other person acquiring an interest in the Property.

7. Activity and Use Limitations. The following Activity and Use Limitations apply to the use of the Property:

A. No Interference with Cap: Except as provided in a plan approved in writing by U.S. EPA, the following activities are prohibited in the consolidation area of the Property described in Appendix D: any excavation or other intrusive activity that will impact the integrity of the geosynthetic and soil cap or the fence and gates installed on the property.

B. Restricted Groundwater Use: Except as required as part of a U.S. EPA approved response activity, construction of wells and activities that extract, consume or otherwise use any groundwater are prohibited on the Property.

Within a reasonable period of time. Grantor shall transmit a copy to Illinois EPA of any such plans or response activities approved by U.S. EPA in accordance with this paragraph 7.

8. Right of Access.

Grantor consents to officers, employees, contractors, and authorized representatives of U.S. EPA entering and having continued access at reasonable times during normal business hours and with prior notice to Grantor to the Property for the following purposes:

A. Monitoring and conducting periodic reviews of the completed environmental response project described in paragraph 5 above pursuant to the terms of the 1998 AOC including without limitation, sampling of air, water, groundwater, sediments and soils; and

B. Verifying any data or information submitted to U.S. EPA by Grantor and Holders under this instrument. Grantor consents to officers, employees, contractors, and authorized representatives of Illinois EPA and U.S. EPA entering and having continued access at reasonable times during normal business hours and with prior notice to Grantor to the Property for the following purposes:

A. Verifying that no action is being taken ori the Property in violation of the terms of this instrument, the environmental response project described in paragraph 5 above or of any federal or state environmental laws or regulations;

Nothing in this document shall limit or otherwise affect the Agencies' rights of entry and access or the Agencies' authority to take response actions, as applicable to each Agency, under CERCLA, the National Contingency Plan ("NCP"), RCRA or other federal and state law.

9. Reserved Rights of Grantor. Grantor hereby reserves unto itself, its successors, and assigns, including heirs, lessees and occupants, all rights and privileges in and to the use of the Property which are not incompatible with the activity and use limitations identified herein.

10. No Public Access and Use. No right of access or use by the general public to any portion of the Property is conveyed by this instrument.

11. Future Conveyances. Notice and Reservation.

A. Grantor agrees to include in any future instrument conveying any interest iti any portion of the Property, including but not limited to deeds, leases, and mortgages, a notice and reservation which is in substantially the following form:

THE INTEREST CONVEYED HEREBY IS SUBJECT TO AND GRANTOR SPECIFICALLY RESERVES THE ENVIRONMENTAL COVENANT EXECUTED UNDER THE UNIFORM ENVIRONMENTAL COVENANTS ACT (UECA) AT 765 ILCS CH. 122 RECORDED IN THE OFFICIAL PROPERTY RECORDS OF VERMILLION COUNTY, ILLINOIS ON AS DOCUMENT NO. , IN FAVOR OF AND ENFORCEABLE BY GRANTOR AS A UECA HOLDER, THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY AS A UECA HOLDER AND THE U.S. ENVIRONMENTAL PROTECTION AGENCY AS A UECA AGENCY.

B. Grantor agrees to provide written notice to the transferee and U.S. EPA within 30 days after any conveyance of fee title to the Property or any portion of the Property. The notice shall identify the name and contact information of the new Owner, and the portion of the Property conveyed to that Owner.

12. Enforcement and Compliance.

Ai Civil Action for Injunction or Equitable Relief: This Environmental Covenant may be enforced through a civil action for injunctive or other equitable relief for any violation of any term or condition of this Environmental Covenant, including violation of the Activity and Use Limitations under Paragraph 7 and denial of Right of Access under Paragraph 8. Such an action may be brought individually or jointly by:

i. Illinois Environmental Protection Agency; ii. the Holders of the Environmental Covenant; and iii. U.S. Environmental Protection Agency.

B. Other Authorities Not Affected. No Waiver of Enforcement: All remedies available hereunder shall be in addition to any and all other remedies at law or in equity, including CERCLA. Nothing in this Environmental Covenant affects Illinois EPA or U.S. EPA's authority to take or require performance of response actions to address releases or threatened releases of hazardous substances or pollutants or contaminants at or from the Property, or to enforce a consent order, consent decree or other settlement agreement entered into by Illinois EPA or U.S. EPA. Enforcement of the terms of this instrument shall be at the discretion of the Holders, Illinois EPA and U.S. EPA and any forbearance, delay or omission to exercise its rights under this instrument in the event of a breach of any term of this instrument shall not be deemed to be a waiver by the Holders, Illinois EPA or U.S. EPA of such term or of any subsequent breach of the same or any other term, or of any of the rights of the Holders, Illinois EPA or U.S. EPA of such term or of any subsequent breach of the same or any other term, or of any of the rights of the Holders, Illinois EPA or U.S. EPA.

C. Former Owners And Interest Holders Subject to Enforcement: An Owner, or other person that holds any right, title or interest in or to the Property remains subject to enforcement with respect to any violation of this Environmental Covenant by the Owner or other person which occurred during the time when the Owner or other person was bound by this Environmental Covenant regardless of whether the Owner or other person has subsequently conveyed the fee title, or other right, title or interest, to another person.

13. Waiver of certain defenses. This Environmental Covenant may not be extinguished, limited, or impaired through issuance of a tax deed, foreclosure of a tax lien, or application of the doctrine of adverse possession, prescription, abandonment, waiver, lack of enforcement, or acquiescence, or similar doctrine as set forth in Section 9 of UECA.

14. Representations and Warranties. Grantor hereby represents and warrants to Illinois EPA and U.S. EPA and any other signatories to this Environmental Covenant that, at the time of execution of this Environmental Covenant, the Grantor is lawfully seized in fee simple of the Property, the Grantor has a good and lawful right and power to sell and convey it or any interest therein, and the Property is free and clear of encumbrances, except those noted on Appendix E attached hereto, and that the Grantor will forever warrant and defend the title thereto and the quiet possession thereof. After recording this instrument. Grantor will provide a copy of this Environmental Covenant to all holders of record of the encumbrances including those entities noted on Appendix E.

15. Amendment or Termination. Except Illinois EPA and U.S. EPA, all Holders and other signers waive the right to consent to an amendment or termination of the Environmental Covenant. .This Environmental Covenant may be amended or terminated by consent only if the amendment or termination is signed by Illinois EPA, U.S. EPA and the current owner of the fee simple of the Property, unless waived by the Agencies. If Grantor no longer owns the Property at the time of proposed amendment or termination. Grantor waives the right to consent to an amendment or termination of the Environmental Covenant.

16. Notices. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other shall be in writing and shall either be served personally or sent by first class mail, postage prepaid, addressed as follows:

To Grantor:

General Electric Company Corporate Environmental Programs Attn: John M. Uruskyj 319 Great Oaks Office Park Albany, New York 12203

To Agencies:

Illinois Environmental Protection Agency Chief, Bureau of Land 1021 North Grand Avenue East P.O. Box 19276 Springfield, IL 62794-9276

U.S. Environmental Protection Agency Superfund Division Director 77 West Jackson Boulevard Chicago, IL 60604

17. Recording and Notice of Environmental Covenant, Amendments and Termination.

A. The Original Environmental Covenant: An Environmental Covenant must be recorded in the Office of the Recorder or Registrar of Titles of the county in which the property that is the subject of the Environmental Covenant is located. Within 30 days after Illinois EPA and U.S. EPA (whichever is later) sign and deliver to Grantor this Environmental Covenant, the Grantor shall record this Environmental Covenant in the office of the County Recorder or Registrar of Titles for the County in which the Property is located.

B. Termination, Amendment or Modification: Within 30 days after Illinois EPA and U.S. EPA (whichever is later) sign and deliver to Owner any termination, amendment or modification of this Environmental Covenant, the Owner shall record the amendment, modification, or notice of termination of this Environmental Covenant in the office of the County Recorder or Registrar of Titles in which the Property is located. C. Providing Notice of Covenant, Termination, Amendment or Modification: Within 30 days after recording this Environmental Covenant, the Grantor shall transmit a copy of the Environmental Covenant in recorded form to:

i. the Illinois EPA; ii. the U.S. EPA; iii. each person holding a recorded interest in the Property, including those interests in Appendix E; iv. each person in possession of the Property; and v. each political subdivision in which the Property is located.

Within 30 days after recording a termination, amendment or modification of this Environmental Covenant, the Owner shall transmit a copy of the document in recorded form to the persons listed in items i to v above.

18. General Provisions.

A. Controlling law: This Environmental Covenant shall be construed according to and governed by the laws of the State of Illinois and the United States of America.

B. Liberal construction: Any general rule of construction to the contrary notwithstanding, this instrument shall be liberally construed in favor of the grant to effect the purpose of this instrument and the policy and purpose of the environmental response project and its authorizing legislation. If any provision of this instrument is found to be ambiguous, an interpretation consistent with the purpose of this instrument that would render the provision valid shall be favored over any interpretation that would render it invalid.

C. No Forfeiture: Nothing contained herein will result in a forfeiture or reversion of Grantor's title in any respect.

D. Joint Obligation: If there are two or more parties identified as Grantor herein, the obligations imposed by this instrument upon them shall be joint and several.

E. Captions: The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation.

19. Effective Date. This Environmental Covenant is effective on the date of acknowledgement of the signature of Illinois EPA and U.S. EPA, whichever is later.

20. List of Appendices.

Appendix A - Legal Description and Map of the Property Appendix B - Administrative Order on Consent, 1998 Appendix C -U.S. EPA Letter Confirming Completion of Remediation Work, 2000 Appendix D - Legal Description and Survey of Cap Appendix E-List of Recorded Encumbrances

[Signature Pages to Follow.] THE UNDERSIGNED REPRESENTATIVE OF THE GRANTOR REPRESENTS AND CERTIFIES THAT HE/SHE IS AUTHORIZED TO EXECUTE THIS ENVIRONMENTAL COVENANT.

IN WITNESS WHEREOF, THIS INSTRUMENT HAS BEEN EXECUTED ON THE DATES INDICATED BELOW:

FOR THE GRANTOR:

General Electric Cornpany

B JJX-^'u rH^,c^V (signature)

jna John G. HagRard (print)

Title Manager, Site Evaluation and (print) Remediation Frogrami

STATE OF NEW YORK ) DAWN M. DAYTER Notary Public, Slate of New York )SS. No. 01DA5056339 COUNTY OF ALBANY ) Qualified In Albany County .^ Commission Expires March 4, .T^fX

On Je/^^tuhylla ,2011, this instrument was acknowledged before me by, John G. Haggard of General Electric Company, on behalf of General Electric Company.

Cc ^jj?Cm~'. Jin^r'^Z^ (signature) Notary Public ' My Commission Expires 3/V/2C/^ FOR THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

On behalf of the Director of the Illinois Environmental Protection Agency

By: Kim, Interim Director Illinois Enviroimiental Protection Agency

STATE OF ILLINOIS ) )SS. COUNTY OF SANGAMON )

The foregoing instnmient was acknowledged before me this 24* day of January, 2012, by Cynthia L. Wolfe of the Illinois Environmental Protection Agency.

Notary Public My Commission Expires_ //-/^'^^Ar

OFFICIAL SEAL 5 CYNTHIA L. WOLFE ^ NOTARY PUBLIC. STATE OF ILLINOIS • MYCOMMISSION EXPIRES 1M7-20I5 FOR THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

On behalf of the Administrator of the United States Environmental Protection Agency

Bv: (2JUJ (^\(U^ Richard C. Karl, Director Superfund Division U.S. Environmental Protection Agency, Region 5

STATE OF ILLINOIS ) )SS. COUNTY OF COOK )

The foregoing instrument was acknowledged before me this/*^-day of/VoV€

MWWWWWWWVMMMI^MAAMMMAMM^ V h^l (signature) t OFROALSEAL Notar/Public / / * JOHNVFAGiaO My Commission Expires J f/^/'H NOTARY PUBLIC - STATE OF BiWOB MY COMMSaON E)P»ES.-03n3n4 juuuLrLn.ni ••-•-- •••i APPENDIX A 2009/FEB/26/THU 04:28 PM P. 003 AJP ^^ft^JP. A_G £_ CHICAGO TITiJE INSXJKANCE COMPANY (Schedule A-3 Continued)

Fila Number 180157 Conimitment Number 190157

Exhibit "A" All tliat part of tho South Half of the Sorthweat Quarter of the Southwest Quarter of Section 5, lownship 20 Worth, Range 11 West of the 2nd" P.M., lying East of the Ptdalic Highway, as now located and known as the Dixie Highway, State Route No. 1, EXCEPTING therefrom the following: Part of" the South Half of the Northwest Quarter of the Southwest Quarter of Section 5, Township 20 Uorth, Rsuige 11 West of the 2nd P.M., Ventiilion County, Illinois, lying Kaat of the right-of-way line of Illinois S.B.I. Route 1 (U.S. Route 136 as it exists on July 1, 1998) , being further described as follows: Commencing at an Iron rod situated'at the Northwest comer of Lot 24 in Charles B. Potter's 2nd Subdivision as shown in Plat record Volume 6, Page 410, in the Office of the County Recorder of said County; thence East on a local azimuth of 88 degrees 47 minutes 43 seconds, along the North line of said Subdivision, 405.23 feet" to an Iron Rod . set at its point of intersection with said right-of-way line for the place of beginning; thence Northwesterly 349 degrees 09 minutes 38 seconds, along said right-of-way line, 280.1 feet to an Iron Rod set; thence Northeasterly 79 degrees 09 minutes 38 seaonds, a distance of 25 feet to an Iron Rod set at a point of curve; thence Northeasterly aroUnd a curve to the left an arc distance of 49.76 feet to an Iron Rod set at a point of reverse curve (£iaid curve having a radius of 52.34 feet, a chord distance of 47.91 feet and a chord azimuth of 51 degrees 5S minutes 35 seconds; thence Easterly around a curve to the right an are distance of 49.76 feet to an Iron Rod set at the^ point of tangency (said curve having a radius of 52.34 feet, a ohord distance of 47,91 feet and a chord azimuth of 51 degrees 55 minutes 35 seconds)!; thence Easterly 79 degrees 09 minutes 38 seconds, a distance} of 73.16 feet to an Iron Rod set; thence Southeasterly 169 degreed ' 09 minutes 38 seconds, paucallel with said right-of-way line, 354.98 .feet to an Iron Rod set at the point of intersection with the North line of said Subdivision; thenoe Westerly 268 degrees 47 minutes 43 seconds, along said North line, 185.97 feet to the place of beginning.

VERMILION iCOTJNTY (217) 442-0510 TIJLE, INC. PHONE >IUMBES. NAMEOFACJENT

112 NORTH-VERMILION ST. DANVILLE IL 61832 MAILINQ ADDRESS CrTY STATH ZIP 35006-00(009)GN-WA002 NOV 05/2009 SOURCE: VERMILION COUNTY RECORDER'S OFFICE. figure 3 NOTE: PROPERTY BOUNDARIES ARE APPROXIMATE. PROPERTY BOUNDARY MAP DIXIE AUTO SALVAGE SITE Danville, Illinois

35006-00(009)GN-WA001 APR 22/2009 /_'

PLAT

PART OF THE SI/2. NWI/4. SWIM SECTION 5. T20N. RIIW OF THE 2nd P.M.

VERMILION COUNTY. ILLINOIS

SCALE : r - 50'

LEGEND

5/8-» 2<- IRON ROD SET KITH o L.S. 1716 IDENTIFICATION CAP • IRON ROD FOUND • FENCE POST -X- — FENCE LINE -0- UTILITT POLE B R.0.«. UARKER ^ LIGHT POLE

THIS WILL FURTHER CERTIFY

Thar lh« (ibovi plot {• o tru« and eorroct r«pr •tent ation, of i.aid turvty ai node under ny direcMon and luperviiion. 'D'.in«niion»'>"'-b'r=r'^ihoiin In'Teel, len'tht, •orta-^h'tfffd'r'rdfhV.^''-'*-'^-'*"

Signed and dated in Danville, lllineit. thi» *tt n ^j^y

of Ou I f \ . isfga^-

L.H.LOVING i ASSOCIATES SURVEYING i MAPPING VALID ONLY IF EMBOSSED SEAL AFFIXED DANVILLE.ILLINOIS PASE 2 of 2

Oenircl Elictric Co. el094-4 ; D:\CADD6\

REPLY TO THE ATTEr^lON OR

OCT 2 9 1998

Leslie Hulse, Esq. NOV 0 2 1998 Environmental Matters Counsel General Electric Company r-'--' • •• •(•"•it 1 Computer Drive South Albany, NY 12205

RE: Dixie Auto Salvage Superfund Site Final Consent Order - V-W-C-495

Dear Ms. Hulse:

Enclosed is the Final Consent Order and Responsiveness Summary for the above referenced site. (A copy of the attachments to the Consent Order were sent to you on August 25, 1998, and are not duplicated with this letter.) There were no public comments. There are no facts or considerations which indicate that final approval of this Consent Order would be inappropriate, improper or inadequate. Consequently, the United States Environmental Protection Agency (USEPA) and the United States Department of Justice will not exercise the option of withholding final consent pursuant to Sections XIX and XX of the Order. , ,

According to Section XXI of the Order the effective date of the Order is the later of: 1. the date it was signed by me (September 1, 1998); 2.the date GE has completed purchase of the property or 3. the date U.S. EPA notifies GE that it has completed the public noticing and has not made any changes to the agreement (today's date). With this letter USEPA has completed events 1 and 3. Please advise me of the date that GE completed the purchase of the property.

dasaoc{tr3:a:3l

Recyclad/RscyclBbIa • Primed with Veqetabla Oil Based Inks on 50% Recycled Paper (acii. PoEtconeumaO I would like to express my appreciation for the efforts GE has taken to anive at this agreement. I look forward to prompt completion of the agreed upon removal. Ifyou should have any questions do not hesitate to contact Rich Clarizio at 312-886-0559.

Sincerely,

William E. Muno, Director Superfund Division

Enclosure cc: W.Dickett K.Adler R.Clarizio

dasttOcltr2:a:3l DIXIE AUTO SAIiVAGE SUPERFUND SITE CERCLA DOCKET NUMBER: V-W-98-C-495 RESPONSIVENESS SUMMARY OCTOBER 1998

Section 122(i) of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended ("CERCLA"), 42 U.S.C. 9622(i), requires EPA to publish in the Federal Register notice o£ proposed administrative cost recovery settlements entered under Section 122(h) of CERCLA, 42 U.S.C. 6922(h), and, for a 30- day period beginning on the date of publication, to provide an opportunity for persons who are not parties to the proposed settlement to file written comments relating to the proposed settlement. Section 122 (i) further requires EPA to consider any comments filed during the 30-day period and permits EPA to withdraw or withhold consent to the proposed settlement if such comments disclose facts or considerations which indicate the proposed settlement is inappropriate, improper, or inadequate.

In accordance with Section 122(i) of CERCLA, EPA published notice of a proposed administrative cost recovery settlement (Consent Order), CERCLA Docket No. V-W-98-C-495, concerning the Dixie Auto Salvage Superfund Site located in Danville, Illinois in the Federal Register on September 10, 1998. (63 PR 48505) . EPA did not receive any written comments on the proposed settlement during the 30-day period, which expired on October 13, 1998. The the proposed settlement is, therefore, final. It is effective in accordance with Serrtion XXI of the Consent Order.

liamVE. Mufio, Director Da^fe '^ Si4perfurid Division UNITED STATES ENVIRONMENTAl PROTECTION AGENCY REGION V •C-49 £; IN THE -MATTER OF: Docket No. DIXIE AUTO SALVAGE SITE ADMINISTRATIVE ORDER BY (RURAL ROUTE 1, CONSENT PURSUANT TO DANVILLE, ILLINOIS) SECTIONS 106, 107 and 122 OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, Respondent: COMPENSATION, AND GENERAL ELECTRIC LIABILITY ACT OF 1980, COMPANY as amended, 42 U.S.C. § 9606, 9607 and 9622.

I. JURISDICTION AND GENERAI. PROVISIONS This Order is entered voluntarily by the United States Environmental Protection Agency ("EPA") and the Respondent,'General Electric Company. The Order is issued pursuant to the authority vested in the President of the United States by Sections 106(a), 107 and 122 of the Comprehensive Envirorunental Response, Compensation, and Liability Act of 1980, as amended ("CERCLA"), 42 U.S.C. §§ 9606(a), 9607 and 9622 and pursuant to the authority of the Attorney General of the United States, Sections 516 and 519 of Title 28 of the United States Code, 28 U.S.C. 516 and 519. The CERCLA authority has been delegated to the Administrator of the EPA by Executive Order No. 12580, January 23, 1987, 52 Federal Register 2923, and further delegated to the Regional Administrators by EPA Delegation Nbs. 14-14-A,•14-14-C and 14-14-D, and to the Director, Superfund Division, Region V, by Regional Delegation Nos. 14-14-A, 14-14-C and 14-14-D,

This Order provides for the performance of a non-time-critical removal action in connection with property located on Illinois Route 1, approximately two miles north of Danville, Illinois and previously known as the Dixie Auto Salvage Yard (hereinafter referred to as the "Dixie Site" or the "Site") . This Order requires the Respondent to conduct the removal action described herein to abate an imminent and substantial endangerment to the public health, welfare or the environment that may be presented by the actual or threatened release of hazardous substances at or from the Site.

Oasdoc.djZ - a;31 Dixie Auto Salvage Site 1998 Consent Order A copy of this Order will also be provided to the State of Illinois, which has been notified of the issuance of this Order pursuant to Section 106(a) of CERCLA, 42 U.S.C. § 9606(a). Respondent agrees not to contest EPA's jurisdiction to enter into this Order which provides for a non-time critical removal. Respondent's participation in this Order shall not constitute an admission of any liability or fact or an admission of EPA's Findings of Fact or Conclusions of Law and Determinations contained in this Order. Respondent agrees to comply with and be bound by the terms of this Order. Respondent further agrees that it will not contest the basis or validity of this Order or its terms. II. PARTIES BOUND

This Order applies to and is binding upon EPA, and upon the Respondent and Respondent's receivers, trustees, successors and assigns. Any change in ownership or corporate status of Respondent including, but not limited to, any transfer of assets or real or personal property shall not alter such Respondent's responsibilities under this Order. Compliance or noncompliance by the Respondent with any provision of this Order shall not excuse or justify noncompliance by any other potentially responsible party. Respondent shall ensure that its contractors, subcontractors, and representatives comply with this Order. Respondent shall be responsible for any noncompliance with this Order. III. EPA'S FINDINGS OF FACT

Based on available information, iricluding the Administrative Record in this matter, EPA hereby finds that: 1. The Dixie Site is located on Rural Route 1 approximately two miles north of Danville, Illinois. 2. The Dixie Site was owned by Maurice Parzatka on or about December 31, 1962 to December 29, 1982. 3. The Dixie Site was owned by Edwin and Shirley Burris from approximately 1987 until 1998. By no later than the effective date of this Order the Site property will be divided. Mr and Mrs. Burris will retain possession of a portion of the Site which is not known to be contaminated, (See Exhibit 1) . The General Electric Company (GE) will own the portion of the Site which contains contamination. The Burris portion of the property, unless

Da5aoc.dj2 - a: 31 . ^ Dixie Auto Salvage Site 1998 Consent Order Otherwise noted in this Order, will not be considered as a portion of the Site subject to the removal action. 4. During the period of time that Maurice Parzatka owned the Dixie Site he operated the Dixie Auto Salvage Yard on the property. Mr. Parzatka is deceased and Dixie Auto Salvage Yard is no longer in business. 5. The Dixie Site is approximgbtely 15 acres in size. A residential home and small mowing business are presently located on-site. The Site is bounded by Illinois Route 1 on the west, a ravine and wooded area to the north (hereinafter referred to as the northern ravine area), residences and a business to the south and the North Fork Vermillion River on the east and includes the area adjacent to the Site containing asphaltic material. Evidence of wildlife was observed in the northern ravine area and along the river's edge. 6. The northern ravine area traverses the Site on the north from roughly Illinois Route 1 to the North Fork Vermillion River. Water flows in the northern ravine area. This ravine branches from approximately its mid-point. This branch runs southwest to northeast and will be referred to as the smaller branch ravine.

7. The North Fork Vermillion River contributes to the water of Lake Vermillion. 8. During at least the 1960's and early 1970's wastes and debris containing hazardous substances identified below were disposed of at the Dixie Site. 9. Some of the wastes disposed of at the Dixie Site may have consisted of, among other things, capacitors, asphaltic material, ballasts, wire clippings, and solder from the General Electric Ballast Product Section.

10. The General Electric Ballast Product Section (GE Ballast plant) was located at 1430 East Fairchild, Danville, Illinois 61832. General Electric Company operated the GE Ballast plant until approximately 1987.

11. General Electric Company ("GE") is a New York corporation, registered to do business as a foreign corporation in the State of Illinois.

Dasaoc.dj2 - a:3l .Dixie Auto Salvage Sice 1998 Consent Order 12. The capacitors and ballasts hauled from the GE Ballast Plant, contained, among other things, Pyranol and lead. 13. Pyranol contained a mixture of polycholorinated biphenyls (PCBs) and trichlorobenzene. 14. EPA conducted an inspection of the Dixie Site in August of 1994. EPA collected composite samples of debris, soils and sedimenlis- in and around the Dixie Site on August 18, 1994. EPA collected samples from surface areas near the residence on-site, test pits dug in the ravine area of the Dixie Site and ground water on August 30 and 31, 1994. 15. During the August 1994 inspections EPA observed: a. blocks of black asphalt-like material, capacitors, wires and rusted drums, tanks and ballasts in the northern ravine area. One to three inches of water was flowing in an eastward direction within the ravine; b. a black asphalt-like material covered the floor of the northern ravine area from the point at which the smaller branch ravine intercepts it until the North Fork Vermillion River. Capacitors, drums and asphalt-like material were located in either the northern ravine area or embedded in the south bank at this same area;

c. that the smaller branch iavine had been filled in with approximately twenty five feet of debris, including black asphaltic material, tanks, drums, capacitors and ballasts; d. that asphalt-like material extended at least thirty to forty.feet into the North Fork Vermillion River, with capacitors lying at the surface of the river sediments at the location where the asphalt-like material contacted the river;

e. asphaltic material and burned capacitors were located at various locations, at depth, within the test pits dug in the smaller branch ravine.

17. Between July and December 1995, GE conducted a Surficial Removal Action and a Site Characterization Study at the Site. GE submitted a Final Surficial Removal and Site Characterization Report in January 1996, which U.S. EPA approved in March 1995.

Da5aoc.dj2 - a:31 " Dixie Auto Salvage Site 1998 Consent Order 18. GE and EPA conducted supplemental investigations in July 1996. GE performed an analysis of Response Action Alternatives for the Site in December 1996. 19. EPA issued a Proposed Plan for Removal Action for the Site (Proposed Plan). EPA provided a thirty day public comment period and a public meeting on the Proposed Plan. EPA issued an Action Memorandum which details its selected clean-up actions for the Site based on the Proposed Plan. EPA's selected clean-up action, is on-site consolidation.

IV. CONCLUSIONS OF LAW AND DETERMINATIONS

Based on the Findings of Fact set forth above, and the Administrative Record supporting these removal actions, EPA has determined that: 1. The Dixie Site is a "facility" as defined by Section 101(9) of CERCLA, 42 U.S.C. § 9601(9). 2. PCBs and lead are "hazardous substances" as defined by Section 101(14) of CERCLA, 42 U.S.C. § 9601(14). 3. Respondent is a "person" as defined by Section 101(21) of CERCLA, 42 U.S.C. § 9601(21). 4. Respondent arranged for disposal or transport for disposal of hazardous substances at the Dixie Site. Respondeiit therefore may be liable under Section 107(a) of CERCLA, 42 U.S.C. § 9607(a).

5. The conditions described in the Findings of Fact above constitute an actual or threatened "release" of a hazardous substance from the facility into the "environment" as defined by Sections 101(8) and (22) of CERCLA, 42 U.S.C. §§ 9601(8) and (22).

6. The conditions present at the Site constitute a threat to public health, welfare, or the environment based upon the factors set forth in Section 300.415(b) (2) of the National Oil and Hazardous Substances Pollution Contingency Plan, as amended ("NCP"), 40 CFR § 300.415(b)(2).

7. The actual or threatened release of hazardous substances from the Site may present an imminent and substantial endangerment.to the public health, welfare, or the environment within the meaning of Section 106(a) of CERCLA, 42 U.S.C. § 9606(a).

Dasaoc.dj2 - a:31 Dixie Auto Salvage Site 1998 Consent Order 8.' The removal actions required by this Order are necessary to protect the public health, welfare, or the environment and if properly performed under the terms of this Order, are consistent with the NCP. V. ORDER

Based upon the foregoing Findings of Fact, Conclusions of Law and Determinations, it is hereby ordered and agreed that Respondent shall comply with the following provisions, including but not limited to all documents attached to or incorporated into this Order, and perform the following actions: 1. De.qianation of Contractor, Project Coordinator, and On-Scene Coordinator Respondent shall perform the removal actions required by this Order itself or retain a contractor to implement the removal actions. Respondent • has designated, and EPA has approved Sevenson Environmental Services, Inc. as GE's contractor.and consultant to implement the work. Respondent shall notify EPA of the name and qualifications of any other contractors or subcontractors retained to perform work under -this Order at least 5 business days prior to commencement of such work. EPA retains the right to disapprove of the Respondent's Project Coordinator or any of the contractors and/or subcontractors retained by the Respondent. If EPA disapproves a selected contractor. Respondent shall retain a different contractor within thirty (30) business days following EPA's disapproval and shall notify EPA of that contractor's name and qualifications within ten (10) business days of EPA's disapproval.

Respondent has designated and EPA has approved of Michael L. lanniello as its Project Coordinator. EPA shall direct all communications related to the work required by this Order to the Project Coordinator at General Electric Company, Corporate Environmental Programs, One Computer Drive South, Albany, New York, 12205. EPA shall also send a copy of all written communications to Leslie A. Hulse, Esq., General Electric Company, Corporate Environmental Programs, One Computer Drive South, Albany, New York, 12205. Receipt by Respondent's Project Coordinator of any notice or communication from EPA relating to this Order shall constitute receipt by the Respondent.

The Respondent's Project Coordinator shall be responsible for administration, of all the Respondent's actions required by the

Dasaoc.dJZ - a:31 6 * Dixie Auto Salvage Site 1998 Consent Order Order. To the greatest extent possible, the Project Coordinator or his designee, as approved by EPA, shall be present on Site or readily available during Site work. The EPA has designated Kevin Adler of the Emergency Response Branch, Region 5, as its On-Scene Coordinator (OSC). Respondent shall direct all submissions required by this Order to the OSC at U.S. EPA, Region V, Superfund Division, Office of Superfund, Emergency Response Branch, 77 W. Jackson, Chicago, Illinois, 60604 by certified or express mail. Respondent shall also send a copy of all submissions to Richard Clarizio, Esq., Assistant Regional Counsel, (C-14J), 77 West Jackson Blvd., Chicago, Illinois, 60604-3590. Respondent is encouraged to make its submissions to EPA on recycled paper (which includes significant post-consumer waste paper content where possible) and using two-sided copies. - .

EPA and Respondent shall have the right to change their designated OSC or Project Coordinator. EPA shall notify the Respondent, and Respondent shall notify EPA, as early as possible before such a change is made, but in no case less than 24 hours before such a change. The initial notification may be made orally but it shall be promptly followed by a written notice. EPA retains the right to disapprove of any change the Respondent proposes in its Project Coordinator. If EPA disapproves .of any such change Respondent shall retain a different Project Coordinator within three (3) business days following EPA's disapproval and shall notify EPA of that person's name and qualifications within four (4) business days of EPA's disapproval. 2. Work to Be Performed Respondent shall perform the work detailed and approved by EPA in the "Remedial Action Plan, Dixie Auto Site" ("Work Plan"), and in the Scope of Work (SOW) for Operation and Maintenance (O&M) which are Exhibits 2 and 3, respectively of this Consent Order. Respondent shall perform the work consistent with the Work Plan (Exhibit 2), the O&M SOW (Exhibit 3), the. National Oil and Hazardous Substances Contingency Plan (NCP) and CERCLA. Exhibits 2 and 3 are hereby incorporated into this Consent Order and made an enforceable element of this Consent Order.

2.1 Ouality Assurance and Sampling All sampling and analysis performed pursuant to this Order shall conform to the approved EPA Work Plan identified in Section 2 above and to EPA direction, approval, and guidance regarding sampling,

Dasaoc.dj2 - a:31 ' Dixie Auto Salvage Site 1998 Consent Order quality assurance/quality control (QA/QC). Respondent shall ensure that the laboratory used to perform the analyses participates in a QA/QC program that complies with EPA guidance. Upon request by EPA, Respondent shall have such a laboratory analyze samples submitted by EPA for quality assurance monitoring. Respondent shall provide to EPA the quality assurance/quality control procedures followed by all sampling teams and laboratories performing data collection and/or ^alysis.

Upon request by EPA, Respondent shall allow EPA or its authorized representatives to take split and/or duplicate samples of any samples collected by Respondent or its contractors or agents while performing work under this Order, Respondent shall notify EPA not less than 3 business days in advance of the start of any discrete sample collection activity. EPA shall have the right to take any additional samples that it deems necessary.

2.2 Reporting The final and periodic progress reports, shall be submitted to EPA based on the schedule and containing the detail as set forth in the Work Plan. The final and periodic progress reports shall include the following certification signed by a person who supervised or directed the preparation of that report: Under penalty of law, I certify that, to the best of my knowledge, after appropriate inquiries of all relevant persons involved in the preparation of this report, the information submitted is true, accurate, and complete. The Respondent, as owner of the Site, shall at least thirty (30) days prior to the conveyance of its interest in the real property of the Site, give written notice of this Order to the transferee and to EPA and the State. The notice to EPA and the State shall include the name and address of the transferee. The Respondent shall provide that the transferee will provide access as described in this Order.

3. Access to Property

Respondent shall use best efforts to obtain access to the Site and off-site areas to which access is necessary to implement this

Dasaoc.dj2 - a:31 8 Dixie Auto Salvage Site 1998 Consent Order Order. Subject to section 3.1 below, the Respondent shall provide access to all non-privileged records and documentation related to the conditions at the Site and the actions conducted pursuant to this Order. Such access shall be provided to EPA employees, contractors, agents, consultants, designees, representatives, and representatives of the Illinois EPA. These individuals shall be permitted to move freely at the Site and appropriate off-site areas in order to conduct actions which EPA determines to be necessary. Respondent shall submit to EPA, upon request, the results of all sampling or tests and all other data generated by Respondent or its contractors, or on the Respondent's behalf pursuant to the requirements of this Order.

Where work under this Order is to be performed in areas owned by or in possession of someone other than Respondent, Respondent shall use its best efforts to obtain all necessary access agreements within 14 calendar days after the effective date of this Order, or as otherwise specified in writing by the OSC. Respondent shall immediately notify EPA if, after using its best efforts, it is unable to obtain such agreements. Respondent shall describe in writing its efforts to obtain access. EPA may then assist Respondent in gaining access, to the extent necessary to effectuate the response actions described herein, using such means as EPA deems appropriate. Respondent shall reimburse EPA for all costs and attorneys fees incurred by the United States in obtaining such access which are not inconsistent with the NCP. Respondent's inability to obtain access after using its best efforts may constitute a Force Majeure event pursuant to Section IX of this Order.

3.1 Access to Information Respondent shall provide to EPA, upon request, copies of all non- privileged documents and information within its possession or control or that of its contractors or agents relating to implementation of this Order, including, but not limited to, sampling, analysis, chain of custody records, manifests, trucking logs, receipts, final reports, sample routing information, correspondence, or other documents or information related to the Work. Respondent shall also make available to EPA, for purposes of investigation or information gathering, its employees, agents, or representatives who have performed technical work covered by this Order and with knowledge of relevant facts concerning the performance of the Work.

Dasaoc.dj2 - a:31 Dixie Auto Salvage Site 199S Consent Order The Respondent may assert.that certain documents, records and other information are privileged under the attorney-Client privilege or any other privilege recognized by federal law. If the Respondent asserts such a privilege in lieu of providing documents, it shall provide the EPA with the following: (1) the title of the document, record, or information; (2) the date of the document, record, or information; (3) the name and title of the author of the document, record, or information; (4) the name and title of each addressee and recipient; (5) a description of the contents of the document, record, or information: and (6) the privilege asserted by Respondent. However, no documents, reports or other information created or generated pursuant to the requirements of the Order shall be withheld on the grounds that they are privileged.

No claim of confidentiality or privilege shall be made with respect to any data collected pursuant to this Order, including, but not limited to, data collected prior to the effective date of this Order. This includes, but is not limited to, all sampling, analytical, monitoring, hydrogeologic, scientific, chemical, or engineering data, or any other scientific or technical documents or information evidencing conditions at or around the Site.

4. Record Retention. Documentation, Availability of Information Except for those documents legitimately classified as privileged pursuant to Section 3.1 above. Respondent shall preserve all final documents and information relating to work performed under this Order, or relating to the hazardous substances found on or released from the Site, for six years following completion of the removal actions required by this Order. At the end of this six year period and at least 60 days before any document or information is destroyed. Respondent shall notify EPA that such documents and information are available to EPA for inspection, and upon request, shall provide the originals or copies of such documents and information to EPA. In addition. Respondent shall provide documents and information retained under this Section at any time before expiration of the six year period at the written request of EPA.

5. Off-Site Shipments

All hazardous substances, pollutants or contaminants removed off- site pursuant to this Order for treatment, storage or disposal shall be treated, stored, or disposed of at a facility in compliance, as determined by EPA, with the EPA Off-Site Rule, 40

Dasaoc.dj2 - a:31 10 Dixie Auto Salvage Site 1999 Consent Order CFR § 300.440, 58 Fed. Reg. 49215-18 (Sept. 22, 1993), promulgated pursuant to 42 U.S.C. § 9621(d)(3). 6. Compliance With Other Laws Respondent shall perform all actions required pursuant to this Order in accordance with all applicable local, state, and federal laws and regulations except as provided in CERCLA Section 121(e), 42 U.S.C. § 9621(e), and 40 CFR § 300.415(j). In accordance with 40 CFR § 300.415(j), all on-site actions required pursuant to this Order shall, to the extent practicable, as determined by EPA, considering the exigencies of the situation, attain applicable or relevant and appropriate requirements under federal environmental or state environmental or facility siting laws, except as otherwise allowed in this Order, the Work Plan and the O&M SOW. EPA has determined that the removal actions associated with on-site consolidation, if done in conformance with this Order and its attachments will be in conformance with all applicable or relevant and appropriate requirements under federal environmental or state environmental or facility siting laws. (See Exhibit 4, "Analysis of Applicable or Relevant and Appropriate Requirements of State and Federal Environmental Laws and Regulations (ARARs) for the Dixie Auto Salvage Site.") 7. Emergency Response and Notification of Releases If any incident, or change in Site conditions, during the activities conducted pursuant to this Order causes or threaliens to cause an additional release of hazardous substances from the Site or an endangerment to the public health, welfare, or the environment, the Respondent shall immediately take all appropriate action to prevent, abate or minimize such release or endangerment caused or threatened by the release. Respondent shall also immediately notify the OSC or, in the event of his/her unavailability, shall notify the Regional Duty Officer, Emergency Response Branch, Region V at (312) 353-2318, of the incident or Site conditions. If Respondent fails to respond, EPA may respond to the release or endangerment and reserves the right to recover costs associated with that response.

Respondent shall submit a written report to EPA within 7 business days after each release, setting forth the events that occurred and the measures taken or to be taken to mitigate any release or endangerment caused or threatened by the release and to prevent the reoccurrence of such a release. Respondent shall also comply with any other notifica:tion requirements, including those in CERCLA

Dasaoc.d}2 - a:31 11 Dixie Auto Salvage Site 1999 Consent Order Section 103, 42 U.S.C. § 9603, and Section 304 of the Emergency Planning and Community Right-To-Know Act, 42 U.S.C. § 11004.

VI. ACTTHORITY OF THE EPA ON-SCENE COORDINATOR • The OSC shall be responsible for overseeing the implementation of this Order. The OSC shall have the authority vested in an OSC by the NCP, including the authority to halt, conduct, or direct any work required by this Order, or to direct any other response action undertaken by EPA or Respondent at the Site. Absence of the OSC from the Site shall not be cause for stoppage of work unless specifically directed by the OSC.

VII. REIMBURSEMENT OF COSTS If EPA determines that the Respondent has satisfactorily completed the Work required by this Order, the United States agrees to waive, and not to seek or assess, all response costs incurred by the United States prior to the effective date of this Order, including response costs covered by the September 1995 Administrative Order on Consent, V-W-95-C-310, between GE and EPA (hereinafter "Past Costs") and all response costs incurred by the United States after the effective date of this Order in overseeing the work required by this Order (hereinafter "Future Oversight Costs"); provided, however, that the waiver of such Past Costs and Future Oversight Costs shall only apply to a combined total of $900,000. If the sum of the Past Costs and the Future Oversight Costs exceeds $900,000, then Respondent shall pay all Future Oversight Costs in excess of this $900,0.00 amount that are not inconsistent with the NCP. If the Respondent fails to satisfactorily completp the Work required by this Order then the $900,000.00 waiver shall be null and void and Respondent shall pay all Past Costs and Future Oversight Costs incurred by the United States and previously waived, up to $900,000.00.

Future Oversight Costs include, but are not limited to, direct and indirect costs and interest, that the United States, its employees, agents, contractors, consultants, and other authorized representatives incur and pay with regard to the Site in overseeing the work required by this Order. Such costs include, but are not limited to, payroll costs, contractor costs, travel costs, laboratory costs, investigatory or attorney's costs and any monies paid to secure access.

For the purposes of the waiver of costs identified in the preceding paragraph. Future Oversight Costs do not include any costs the

Dasaoc.dj2 - a:31 12 Dixie Auto Salvage Site 1999 Consent Order United States incurs with respect to enforcement of the terms and conditions of this Order or performance of Work which the Respondent failed to sat.isfactorily complete under this Order. These excluded costs shall be referred to as "Reserved Oversight Costs." Any Reserved Oversight Costs shall not be included when calculating the $900,000.00 waiver for Past Costs and Future Oversight Costs, EPA and Respondent agree that this Order is without prejudice to EPA's rights to seek or the Respondent's ability to defend against a claim fog payment of Reserved Oversight Costs. EPA will send Respondent a bill for any costs it owes to EPA pursuant to the terms and conditions of this Order. Respondent shall, within 45 calendar days of receipt of such a bill, remit a check for the amount of the bill made payable to the "Hazardous Substance Superfund," to the following address:

U.S. Environmental Protection Agency Superfund Accounting P.O. Box 70753 Chicago, Illinois 60673

Respondent shall simultaneously transmit a copy of the check to the Director, Superfund Division, U.S. EPA Region 5, 77 West Jackson Blvd., Chicago, Illinois, 60604-3590. Payments shall be designated as "Response Costs - Dixie Auto Site" and shall reference the payor's name and address, the EPA site identification number YQ and the docket number of this Order.

In lieu of a check the Respondent may arrange for payment via FedWire ("electronic funds transfer" or "wire transfer"). If Respondent uses EFT it shall make payment in accordance with current EFT procedures of EPA and shall reference EPA site number YQ - Dixie Auto Salvage Superfund Site. Any payments received after 4:00 pm central standard time will be credited to the next day. Respondent shall simultaneously transmit at the time of any EFT payment a copy of its record of EFT payment to the Director of the Superfund Division and Superfund Accounting at the addresses identified in the preceding paragraph. >

In the event that any payment is not made within the deadlines described above. Respondent shall pay interest on the unpaid balance. Interest is established at the rate specified in Section 107(a) of CERCLA, 42 U.S.C. § 9607(a). The interest shall begin to accrue on the date of the Respondent's receipt of the bill. Interest shall accrue at the rate specified through the date of the

Dasaoc.dj2 - a:31 13 • Dixie Auto Salvage Site 1998 Consent Order payment. Payments of interest made under this paragraph shall be in addition to such other remedies or sanctions available to the United States by virtue of Respondent's, failure to make timely payments under this Section.

Respondent may dispute all or part of a bill for response costs covered by and submitted under this Order, if Respondent alleges that EPA had made an accounting error, or if Respondent alleges that a cost itiem is inconsistent, with the NCP or the terms of this Order. If any dispute over costs is resolved before payment is due, the amount due will be adjusted as necessary. If the dispute is not resolved before payment is due. Respondent shall pay the full amount of the uncontested costs into the Hazardous Substance Fund as specified above on or before the due date. Respondent shall ensure that the prevailing party in the dispute shall receive the amount upon which they prevailed plus interest within 20 calendar days after the dispute is resolved.

VIII. DISPUTE RESOLUTION

The parties to this Order shall attempt to resolve, expeditiously and informally, any disagreements concerning this Order. The Parties agree that this Section shall not apply to disagreements regarding EPA's disapproval of the selection of any proposed groundwater response action GE identifies pursuant to point 8 of the SOW for O&M (Exhibit 3). If the Respondent objects to any EPA'action taken pursuant to this Order, including billings for response costs, the Respondent shall notify EPA in writing of its objection within 25 calendar days of such action, unless the objection has been informally resolved. This written notice shall include a statement of the issues in dispute, the relevant facts upon which the dispute is based, all factual data, analysis or opinion supporting Respondent's position, and all supporting documentation on which Respondent relies. EPA shall submit its Statement of Position, including supporting documentation, no later than 15 calendar days after receipt of the written notice of dispute. In the event that these 15-day time periods for exchange of written documents may cause a delay in the work, they shall be shortened upon, and in accordance with, notice by EPA. The time periods for exchange of written documents relating to disputes over billings for response costs may be extended at the sole discretion of EPA,

An administrative record of any dispute under this Section shall be maintained by EPA. The record shall include the written

Dasaoc.o]2 - a:31 14 ' Dixie Auto Salvage Site 1998 Consent Order notification of such dispute, and 1;he Statement of Position served pursuant to the preceding paragraph. Upon review of the administrative record, the Director of the Superfund Division, EPA Region 5, shall resolve the dispute consistent with the NCP and the terms of this Order. Respondent's obligations under this Order shall not be tolled by submission of any objection for dispute resolution under this Section. Following resolution of the dispute, as provided by this Section, Respondent shall fulfill the requirement that was the subject of the dispute in accordance with the agreement reached or with EPA's decision, whichever occurs.

Provided the Respondent follows the procedures agreed upon in this section, the Respondent may contest the Director's resolution of a dispute in a judicial proceeding brought by EPA to enforce the decision of the Director for such dispute.

IX. FORCE MAJEURE Respondent agrees to perform all requirements under this Order within the time limits established under this Order, unless the performance is delayed by a force majeure. For purposes of this Order, a force majeure is defined as any event arising from causes beyond the control of Respondent or of any entity controlled by Respondent, including but not limited to its contractors and subcontractors, that delays or prevents performance of any obligation under this Order despite Respondent's best efforts to fulfill the obligation. "Best efforts" includes using best efforts to anticipate any potential force majeure event and best efforts to address the effects of any potential force majeure event (1) as it is occurring and (2) following the potential force majeure event, such that the delay is minimized to the greatest extent possible. Force majeure does not include financial inability to complete the work or increased cost of performance.

Respondent shall notify EPA orally within 48 hours after Respondent becomes aware of any event that Respondent contends constitute a force majeure, and in writing within 7 calendar days after the event. Such notice shall: identify the event causing the delay or anticipated delay; estimate the anticipated length of delay, including necessary demobilization and re-mobilization; state the measures taken or to be taken to minimize the delay; and estimate the timetable for implementation of the measures. Respondent shall take all reasonable measures to avoid and minimize the delay.

Dasaoc.djZ - a:31 15 Dixie Auto Salvage Site 1998 Consent Order

Failure to comply with the notice provision of this Section shall be grounds for EPA to deny Respondent an extension of time for performance. Respondent shall have the burden of demonstrating by a preponderance of the evidence that-the event is a force majeure, that the delay is warranted under the circumstances, and that best efforts were exercised to avoid and mitigate the effects of the delay.

If EPA determines a delay in performance of a requirement under this Order is or was attributable to a force majeure, the time period for performance of that requirement shall be extended as deemed necessary by EPA. Such an extension shall not alter Respondent's obligation to perform or complete other tasks required by the Order which are not directly affected by the force majeure.

X. STIPULATED AND STATUTORY PENALTIES

For each day, or portion thereof, that Respondent fails to fully perform any requirement of this Order in accordance with the schedule established pursuant to this Order, Respondent shall be liable as follows:

1. One thousand dollars ($1,000,00) per day per violation for:

a. failure to timely or accurately complete the on- site consolidation;

b. failure to: (1) implement, monitor, maintain and repair, as needed, the cap, fence, leachate collection system and groundwater monitoring system, and (2) implement, if necessary, any groundwater response system proposed by GE and approved by EPA, as contained in the approved O&M Work Plan and in accordance with such schedules contained therein;

c. Failure to timely submit an O&M Work Plan pursuant to the SOW for O&M (Exhibit 3);

The stipulated penalties identified in paragraph l.b. above shall be reduced to $500.00 per day per violation if there are no violations of that subsection within five years after the effective date of this Order.

Dasaoc.dj2 - a:31 16 Dixie Auto Salvage Site 1998 Consent Order

2. Seven hundred and fifty dollars ($750.00) per day per violation for failure to submit to EPA the final report required pursuant to Section V, paragraph 2.2 above within ninety (90) days after GE notifies EPA in writing that the excavation, consolidation and capping activities are complete.

EPA shall provide the Respondent with notice of a violation that it is aware of. EPA may then serve Respondent with a written demand for stipulated penalties. Upon receipt of written demand by EPA, Respondent shall make payment to EPA within 30 days and interest shall accrue on late payments in accordance with Section VII of this Order (Reimbursement of Costs).

Even if violations are simultaneous, separate penalties shall accrue for separate violations of this Order. Penalties accrue and are assessed per violation per day. Penalties shall accrue regardless of whether EPA has notified Respondent of a violation or act of noncompliance. The payment of penalties shall not alter in any way Respondent's obligations to complete the performance of the work required under this Order. Stipulated penalties shall accrue, but need not be paid, during any dispute resolution period concerning the particular penalties at issue. Respondent shall not be responsible for any penalties accrued during a dispute if it prevails before the Director or in a judicial enforcement proceeding brought by EPA.

Violation of any provision of this Order may subject Respondent to civil penalties of up to twenty-seven thousand and five hundred dollars ($27,500) per violation per day, as provided in Section 106(b)(1) of CER.CLA, 42 U.S.C, § 9606(b)(1), Respondent may also be subject to punitive damages in an amount up to three times the amount of any cost incurred by the United States as a result of such violation, as provided in Section 107(c)(3) of CERCLA, 42 U,S.C. § 9607(c)(3), Respondent reserves its rights to contest the imposition of civil penalties or punitive damages referenced in this paragraph. Should Respondent violate this Order or any portion hereof, EPA may carry out the required actions unilaterally, pursuant to Section 104 of CERCLA, 42 U.S.C. § 9604, and/or may seek judicial enforcement of this Order pursuant to Section 106 of CERCLA, 42 U.S.C. § 9606.

XI. OTHER CLAIMS

By issuance of this Order, the United States and EPA assume no liability for injuries or damages to persons or property resulting from any acts or omissions of Respondent. The United States or EPA

Dasaoc.dj2 - a.-31 17 Dixie Auto Salvage Site 1998 Consent Order shall not be a party or be held out as a party to any contract entered into by the Respondent or its directors, officers, employees, agents, successors, representatives,- assigns, contractors, or consultant's in carrying out activities pursuant to this Order. Except as expressly provided in Section XII (Covenant Not To Sue), or XIV (Contribution Protection) nothing in this Order constitutes a satisfaction of or release from any claim or cause of action against the Respondent or any person not a party to this Order, for any liability such person may have under CERCLA, other statutes, or the common law, including but not limited to any claims of the United States for costs, damages and interest under Sections 106(a) or 107(a) of CERCLA, 42 U.S.C. §§ 9606(a), 9607(a). This Order does not constitute a pre-authorization of funds under Section 111(a)(2) of CERCLA, 42 U.S.C. § 9611(a)(2). The Respondent waives any claim to payment under Sections 106(b), 111, and 112 of CERCLA, 42 U.S.C. §§ 9606(b), 9611, and 9612, against the United States or the Hazardous Substance Superfund arising out of any action performed under this Order. The Respondent further waives any claims against the United State, including any department, agency or instrumentality of the United States under CERCLA sections 107 or 113 related to the Site. No action or decision by EPA pursuant to this Order shall give rise to any right to judicial review except as set forth in Section 113(h) of CERCLA, 42 U.S.C. § 9613(h). XII. COVENANT NOT TO SUE

In consideration of the actions that will be performed by Respondent under this Consent Order, and except as otherwise specifically provided in this Order, upon issuance of the EPA notice of completion referred to in Section XVII, EPA covenants not to sue or to take any administrative action against Respondent relating to the Site, including, but not limited to, for Past Costs and Future Oversight Costs or for the performance of further response actions or the payment of further response costs unless the requirements of Section XIII are met.

These covenants not to sue are conditioned upon the complete and satisfactory performance by Respondent of its obligations under this Order. These covenants not to sue extend only to the Respondent, its receivers, trustees, successors and .assigns and do not extend to any other person,

Da3aoc.dJ2 - a:31 18 Dixie Auto Salvage Site 1999 Consant Order XIII. RESERVATION OF RIGHTS

Except as specifically provided in this Order, nothing herein shall limit the power and authority of EPA or the United States to take, direct action, or order all actions necessary to protect public health, welfare, or the environment or to prevent, abate, or minimize an actual or threatened release of hazardous substances, pollutants or contaminants, or hazardous or solid waste on, at, or from the Site. Further, nothing herein shall prevent EPA from seeking legal or equitable relief to enforce the terms of this Order.

Notwithstanding any other provision of this Consent Order, EPA reserves the right tio take action against Respondent or any other potentially responsible party ("PRP") not a party to this Order under Section 106 and/or 107 of CERCLA to compel Respondent or any such PRP to 1) perform further response actions relating to the Site or 2) to reimburse EPA for the costs of further response, if:

(i) conditions at the Site, previously unknown to EPA, are discovered, or (ii) information, previously unknown to EPA, is received, in whole or in part, and these previously unknown conditions or information together with any other relevant information indicate that the response actions taken under this Order are riot protective of human health or the environment. For purposes of this Section, the information and the conditions known to the EPA shall include only those conditions known to EPA as set forth in the Administrative Record Index included as Exhibit 5 or any other documents which the Respondent demonstrates were in the possession of the RPM or OSC for this Site or other EPA employees consulted by the RPM or OSC as of the date of this Consent Order.

The covenants not to sue set forth above do not pertain to any matters other than those specified in Section XII. EPA reserves, and this Consent Order is without prejudice to, all rights against Respondent with respect to all other matters, including, but not limited to the following:

(1) claims based on a failure by Respondent to meet a requirement of this Consent Order;

Dasaoc.dja - a:31 19 Dixie Auto Salvage Site 1999 Consent Order (2) liability for damages for injury to, destruction of, or loss of natural resources and the costs of assessment thereof; (3) criminal liability;

(4) liability for violations of federal or state law which occur during or after implementation of the response action;

(5) claims based on failure to pay those response costs, if any, which are required to be paid under Section VII of this Order;

(6) liability for future disposal of waste at the Site, other than allowed by this Order;

(7) liability arising from the past, present or future disposal, release or threat of- release of waste outside of the Site;

(8) claims pursuant to Section V, Paragraph 7 of this Order based upon .emergency response activities not undertaken by the Respondent or upon unknown conditions at the Site as defined in this Section;

(9) claims for Reserved Oversight Costs or performance of groundwater remediation not otherwise agreed to pursuant to this Order

XIV. CONTRIBUTION PROTECTION

With regard to claims for contribution against Respondent for matters addressed in this Order, the Parties hereto agree that the Respondent is entitled to protection from contribution actions or claims to the extent provided by Section 113(f)(2) and 122(h)(4) of CERCLA, 42 U.S.C. §§ 9613(f)(2) and 9622(h)(4). The matters addressed in this Order shall include: (1) all response actions taken and all response costs incurred by the United States at the Site prior to the effective date of this Order; and (2) all response actions to be taken and all response costs to be incurred by the Respondent or the United States at the Site pursuant to this Order. Except as otherwise provided herein, nothing in this Order precludes the Parties from asserting any claims, causes of action or demands against any persons not a party to this Order for indemnification, contribution, or cost recovery.

Dasaoc.dj2 - a:31 20 Dixie Auto Salvage Site 1999 Consent Order

Respondent agrees not to assert any claims and to waive all claims or causes of action that it may have for all matters relating to the Site, including for contribution, against any person:

i. whose liability to Respondent with respect to the Site is based solely on CERCLA Section 107(a)(3) or (4), and

ii, who arranged for the disposal, treatment, or transport for disposal or treatment, or accepted for transport for disposal or treatment, of no more than 0.2% of all Municipal Solid Waste (MSW) or Sewage Sludge (MSS) located at the Site; and within such total, any material containing hazardous substances, not constituting MSW/MSS, do not exceed the greater of:

(a) 0.002% of the total volume of all waste at the site, (b) 110 gallons of liquid materials, or (c) 200 pounds of solid materials.

This waiver shall not apply, however, to any person meeting the above criteria where EPA has determined that the materials sent to the Site by such person contributed or could contribute significantly to the costs of response at the Site, For the purposes of this waiver the terms Municipal Solid Waste and Municipal Sewage Sludge shall have the following meaning:

"Municipal solid waste" shall be defined as household waste and solid waste collected from non-residential sources that is essentially the same as household waste. While the composition of such wastes may vary considerably, municipal . solid vyaste generally is composed of large volumes of non- hazardous substances (e.g., yard waste, food waste, glass, and aluminum) and can contain small amounts of other wastes as typically may be accepted in RCRA Subtitle D landfills.

"Municipal sewage sludge" shall mean any solid, semi-solid, or liquid residue removed during the treatment of municipal waste water or domestic sewage. Municipal sewage sludge does not, however, include residue removed, all or in part, during the treatment of wastewater from manufacturing or processing operations, unless such residue has essentially the same characteristics as residue removed during the treatment of domestic sewage.

Das30c.dj2 - a;31 21 Dixie Auto Salvage Site 1998 Consent Order XV. INDEMNIFICATION

Respondent agrees to indemnify, save and hold harmless the United States, its officials, agents, contractors, subcontractors, employees and representatives from any and all claims or. causes of action: (A) arising from, or on account of, acts or omissions of Respondent and Respondent's officers, directors, employees, agents, contractors, subcontractors, receivers, trustees, successors or assigns, in carrying out actions pursuant to this Order; and (B) for damages or reimbursement arising from or on account of any contract, agreement, or arrangement between Respondent, and any persons for performance of work on or relating to the Site, including claims on account of construction delays.

XVI. MODIFICATIONS

If EPA determines that modification of the Work specified in the Work Plan or the OSM Work Plan is necessary to achieve and maintain the performance standards or to carry out and maintain the effectiveness of the removal activities set forth in this Order and its attachments then EPA may require that such modification be incorporated into the Work Plan or the O&M Work Plan. Any modification, however, may only be required pursuant to this Paragraph to the extent it is consistent with the scope of the removal actions required set forth in this Qrder and its attachments. If the Respondent objects to any modification determined by EPA to be necessary pursuant to this Paragraph,•it may seek dispute resolution pursuant to Section VIII of this Consent Order. The Work Plan and the O&M Work Plan shall be modified in accordance with final resolution of the .dispute.

Any requirement of this Order may be modified in writing by mutual agreement of the parties. If Respondent seeks permission to deviate from any approved plan or schedule. Respondent's Project Coordinator shall submit a written request to EPA for approval. Such request shall outline the proposed modification and its basis and shall be sent to the OSC and the ORC Attorney,

No informal advice, guidance, suggestion, or comment by EPA regarding reports, plans, specifications, schedules, or any other writing submitted by the Respondent shall relieve Respondent of its obligations to obtain such formal approval as may be required by this Order, and to comply with all requirements of this Order unless it is formally modified.

Da3aoc.dj2 - a:31 22 Dixie Auto Salvage Site 1998 Consent Order Nothing in this Section shall be construed to limit EPA's authority to require performance of further response actions at the Site. XVII. NOTICE OF COMPLETION

When EPA determines, after EPA's review of the final report required by the Work Plan, that all work has been fully performed in accordance with this Order, except for certain continuing obligations required by this Order {^.g., record retention, payment of response costs, if any, pursuant to Section VII, long-term operation and maintenance), EPA will provide a written notice of completion to the Respondent. If EPA determines that any removal activities agreed to under this Order have not been completed in accordance with this Order, EPA will notify the Respondent, provide a list of the deficiencies, and the Respondent shall, subject to the provisions of this Order, correct such deficiencies as approved by U.S. EPA. Subject to the provisions of this Order, failure to correct such deficiencies shall be a violation of this Order.

XVIII. SEVERABILITY If after the effective date of this Order a court issues an order that invalidates any provision of this Order or finds that Respondent has sufficient cause not to comply with one or more provisions of this Order, Respondent shall remain bound to comply with all provisions of this Order not invalidated by the court's order.

XIX. PUBLIC COMMENT The provisions of this Consent Order relating to EPA's compromise of its response costs, (Section VII) shall be subject to a thirty day public comment period pursuant to Section 122(1) of CERCLA, 42 U.S.C. Section 9622(1). In accordance with Section 122(1) (3) of CERCLA, 42 U.S.C. Section 9622(1)(3), EPA or the United State may withhold consent to all or part of this Order if comments received disclose facts or considerations which indicate that this Consent Order is inappropriate, improper or inadequate. In the event consent is withheld as a result of public comments received and the parties cannot agree to satisfactory modifications to this Consent Order then this Consent Order shall be null and void.

XX. ATTORNEY GENERAL APPROVAL

Da5aoc.dj2 - a:31 23 • Dixie Auto Salvage Site 1998 Consent Order

The Assistant Attorney General of the Environment and Natural Resources Division, United States Department of Justice, approves this Consent Order pursuant to Section 122(h)(1) of CERCLA, 42 U.S.C. Section 9622(h)(1), and pursuant to the inherent authority of the Attorney General to settle claims of the United States, which authority, in the circumstances of this settlement, has been delegated to the Assistant Attorney General, Environment and Natural Resources Division.

XXI. EFFECTIVE DATE

This Order shall become effective when the later of the following events occurs: 1) it is signed by the Director of the Superfund Division, 2) GE has completed the purchase of the Site from Mr. and Mrs. Burris, and 3) EPA has provided the Respondent with notice that it has completed public noticing without any changes to the agreement pursuant to Section XIX above. In the event that one or more of these event:s does not occur this agreement shall be null and void and not enforceable.

SIGNATORIES

Each undersigned representative of a signatory to this Administrative Order on Consent certifies that he or she is fully authorized to enter into the terms and conditions of this Order and to bind such signatory, its directors, officers, employees, agents, successors and assigns, to this document.

Dosaoc.dj2 - a:31 24 $«p-0Z-88 04'.3Tpji Fron- t-064 P.02/02 F-186

oixi» Aura saivat« sire lilt cgn*eii( sxocr

Agreed this day of jtLp^valX^ V ., 199_1.

By

General Electfic Company 'ufUf '

oaeaoo.ajg - e:ll 25 Dixie Auto Salvage Site 1998 Consent Order

IT IS SO ORDERED AND AGREED THIS DAY OF 1998.

•I 'UJ£^ DATE: 2^ E. Myho, Director Juperfund Division /United States Environmental Protection Agency Region 5

Dasaoc.d)2 - ar31 26 Dixie Auto Salvage Site 199S Consent Order

IT IS SO ORDERED AND AGREED THIS DAY OF 1998.

BY: DATE; 9fi(9'S' Lois J. Sch3.^isiX''-^e^r^iiC^/^^^c^ ^^n/J«f Assistant Attorney General O Environment & Natural Resources Division United States Department of Justice

L-' [i

Dasaoe.d}2 - a:31 28 Lailm A. Hulse Corporate environmental Programs Counselfnmonmenial Mailers General Eleciric Company Northeasl/Miiwesi Region I Com/tuie/ Drive Soai/i, Many, NY 12205 518 459-6631. Dial Comm: 8 •920-9631 tx: Sia 458-9247, Dial Comm: 8-920-9200

September 10, 1998

Richard J. Clarizio, Esquire U.S. Environmental Protection Agency Region 5 77 West Jackson Boulevard Chicago, Illinois 60604-3590

Re: Dixie Auto Salvage Site Administrative Order On Consent

Dear Rich:

Enclosed please findth e General Electric Company's original signature page for the above referenced AOC. Would you please send me a copy of the signature page executed by the U.S. Department of Justice? Thank you in advance for your prompt attention to this request.

Sincerely

Leslie A. Hulse ^yy-^'//'"^^ / u Dixie Auto Salvage Site 1998 Consent Order

Agreed this day of oep^wW , 199 i

By

General Electric Compa

ir> rr<^ rj %o)W

Pasaoc.dj2 - a:3l 25 ^g LasliaAHiilsa 518453-BS3I m Couiael-Eimronmental Matters Dial Comm: 8'920-9S3l Northeast/Midwest Region Fax: 518 458-9247 DialCoim:B'920-9200 2ick:

[JUL ^ilJi /LuL UtJc U. A- d^CJttAL thLf

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Coiporata Enmonmantal Programs Genaral Beclric Company t Computai DiivB South. Albany, NY 12205 POTTERS WOODS ROAD APPENDIX C ORIGINAL ^^^is^A,^^ UNITED STATES ENVIROIMMENTAL PROTECTION AGENCY "" ^% %, REGION 5 77 WEST JACKSON BOULEVARD CHICAGO, ILLINOIS 60604

SEP18i^00ft

September 12, 2000

Mr. Michael lanniello General Electric Company GE Corporate Environmental Programs Suite 323 320 Great Oaks Office Park Albany. NY 12203

Re: Dixie Auto Salvage Site Danville. IL

Technical Review of the Final Engineering Report and Determination of Compliance with Order No. V-W-98-C-495

Dear Mr. lanniello:

The U.S. Environmental Protection Agency. (U.S. EPA) notified the General Electric Company (GE) by letter on April 24, 2000, that it had reviewed and approved of the April 2000 draft of the "Final Engineering Report" for the removal action at the Dixie Auto Salvage (DAS) site. Danville, IL. Later, on May 31. 2000, U.S. EPA notified GE by letter that it had approved of the "Operation, Maintenance, and Monitoring (OMM) ^ Manual" submitted by GE for the DAS site.

Thus, pursuant to Section XVII of Administrative Order by Consent No. \/-W-98-C-495 (AOC), U.S. EPA has detemiined that the Respondent (GE) has fully performed all Work required by the AOC in accordance with the tenns of the AOC, except for certain continuing obligations required by the AOC, i.e., reporting, access to property and Information, record retention, payment of response costs, if any, pursuant to Section VII of the AOC, and long-term operation and maintenance (post-removal site control) as identified in the OMM manual.

It is U.S. EPA's position that GE has a continuing obligation under Section 2, Exhibit 3 of the AOC and the approved OMM manual, as a matter of post-removal site control, to implement the OMM manual at the DAS site to ensure that the removal action remains protective of human health and the environment.

I note that Section VII of the AOC provides that GE reimburse U.S. EPA for the amount of U.S. EPA's past and future oversight costs (as defined in Section VII of the AOC) -2- that exceed $900,000, provided that all work required under the AOC was performed in accordance with the AOC. U.S. EPA will be sending GE an accounting of its oversight costs in a separate letter. Those costs have not exceeded $900,000. I note, however, that Section VII of the AOC also provides for these costs to be billed to GE should it fail to complete ail work required by the AOC (including long-term operation and maintenance).

This letter merely reflects U.S. EPA's determination that the construction work required under the AOC was completed. This Notice of Completion in no way releases GE from any potential future obligations such as operation and maintenance or to perform additional work to address the same or any other conditions at the DAS site. Lastly, this letter does not terminate the AOC. The AOC and its terms and conditions are applicable to GE's performance of the continuing obligations imposed on GE by the AOC.

U.S. EPA appreciates your past responsiveness in the DAS site cleanup actions, lease contact me at (312) 886-7078 or Assistant Regional Counsel Richard Clarizio at (312) 886-0559 should you have any questions regarding this letter.

Sincerely,

Kevin Adler On-Scene Coordinator cc: R. Clarizio, C-14J

COPY APPENDIX D PART OF THE SOUTH HALF OF THE NOtrtHWEST:CIIJARTeR OF THE SOimWEST QUARTER OF SECTION 5. TOWNSHIP 20 NORTH. FANeEli.VteSTCf, TOE 2ND PM, VERMlttlON COUNTV. lUJNOIS, LYlNtS EAiST OF THE" RiGmOF^A'i' LINE bKlLtlHOlS £3.0 ROUTC 1.(U.S. ROUTE 136 AS ITEMSTS OH JULY 1.1MS). BEING FUBTHEBDESCRlBEDASFpttOWS:.'

COMMENCING AT THE SOUTHWEST CORNER OFSEeTio'ri.Si.THENCE ALONG THE WEST UNE OF SECTIO)j:SN.1'4b'18"£\1332.48'fECTtOTOENdRmi»arreORfrert^O^^ POTTER'S 2ND SUBDMSlOfi). A FOUNKIFidN;THgNCE tEkVlNSSAlSSECTibN.lJNE,- . (iiySinTe.:&9a.72 FEET^AUONaTHE NliRfH tifie^dF'-LCreM TOiA FQUND;1B0I* THENCE CONTINUING ALONGISAID LOT UfJE N.«9r37X)2VE:,' 3«:58'FEEf: •THENC^ LEAVWO SAID LOT LINE N.5'24'34'W.62:a6'FEEtTO'rHeTOiNfbF"B"EGiNNIIJGiTHENC£:F6a^^^ A CHAW" llmK.FENCE,THe FOLLOWING THIRTEEN .GOURSK: N.S^«4W,271.47FEET;' "• ' . N.69:S6;i2'E..' 74.-40 FEETr il. VdFH3:E:. 187-68 FEET; N.BO'15'23"E.. 5658 FEET; S.S1*3TOrE., 2D,-25 FEET; 3.42' t «8'E.. 257 J9 FEET;i N.57*.1S'S7."E..7B.0a FEET; S.8r25M9-E..'l85.39.FEET: S.23"5«:ii"W.. 75.21 FEET; N.87'11'.irE.,'30.38 FEET: S.9"08'3BTV.. 60:64 FEET; S.14-4ri9-E., 164.28 FEET S.85*35D7'Wv, 579.06 FEET TO THE POINT OF BEGBJNJNG, CONTAINING 4.55 ACRES, MORE OH LESS.

THIS DESCRIPTION IS BASEP ON LH. LOVING «. ASSOC. PLAT ANDOESCRIFTION, 7(14/98. ALL BEARINGS AND DISTANCES ARE IN UNIVERSAL TRANSVERSE MERCATOR COORDINATE SYSTEM, ZONE 16.

iSWeOBNE R CERTIFICATION SECTON-S T.2dN.iR.1.1W. A3 A PROFESSIONAL SURVEYOR IN THE STATE OF ILLINOIS, I HEREBY STATE THAT I HAVE VERMILLION CXUSED TO SE SURVEYED .THE PARCEL OF LAND DESCRIBED AND DEUNEATED HEREON AND COUNTY, ILLINOIS THAT SAID PLAT IS A TRUE REPRESENTATION: OF THE SURVEY AS DIRECTED BY ME: THE CUENT HAS NOT REQUESTED THE RESTRICTIVE COVENAMTCORNERS TO BE PLACED, 2o/-/ u

FIGURE 1 RESTRICTIVE COVENANT DIXIE AUTO SALVAGE SITE Danvi/te, Illinois

036O0&^16(C3D0ai)GN-D£0O1 JUN 07/2011 APPENDIX E ^'{

List of Recorded Encumbrances

Order Amending Consent Decree dated December 12,2002 and recorded January 6,2003 as Document No. 03-128.

Rights of the Public, the State of Illinois, the County, the Township, and the municipality in and to that part of the premises in question taken, used, or dedicated for roads or highways.

Rights of way for drainage ditches, drain tiles, feeders, laterals, and underground pipes, if any.

Easement of the American Telephone and Telegraph Company of Illinois, its successors and assigns, for telephone lines and appurtenances, as contained in Easements made by Mrs. Mildred White, Thomas C. White, and Mrs. Tacy White, dated March 8,1929 and recorded dated August 5, 1929 in Deed Record 377 page 342 as Document No. 331339 and page 347 as Document No. 331346.

A non-exclusive Easement for ingress and egress as created in Warranty Deed dated September 4, 1998 and recorded September 9, 1998 as Document No. 98-10863, over and across strip of land being 20 feet of even width.

Real estate taxes not yet due and payable.