UNITED STATES ENVIRONMENTAL PRDTECTION AGENCY REGION III In the Matter of: ) Hunterstown Road Site, ) ) Westinqhouse Electric Corporation, ) Spectra-Kote Corporation ) and Frederick M. Shealer ) ) (Respondents) ) ) PROCEEDING UNDER SECTION 106 (a) ) Docket No. II 1-8 7 -9 -DC Or j.n£ uJpieKfHtNbiVK ENVIRONMENTAL ) RESPONSE, COMPENSATION, AND LIABILITY ) ACT OF 1980 AS AMENDED BY THE ) SUPERFUND AMENDMENTS AND ) REAUTHORIZATION ACT OF 1986, PUB. L. ) NO. 99-499, 100 STAT. 1613(1986). ) (42 U.S.C. <? 9606(a)) ) Consent Agreement and Order The fol lowing Order, agreed to by the United States Environmental Protection Agency ("EPA"), and Westinghouse Electric Corporation, and Spectra-Kote Corporation, and Frederick M. Shealer ("Respondents"), is issued pursuant to the authority vested in the President of the United States of America by Section 106 (a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 , 100 Stat. 1613 (1986) ("CERCIA"), 42 U.S.C. § 9606(a), and delegated to the Administrator of the EPA on January 23, 1987 by Executive Order 12580, 52 Federal Register 2923, and further delegated to the Regional Admin is :ra tors of EPA. The actions authorized by this Order are consistent with Section 300.65 of the National Oil and Hazardous Substance Contingency Plan ("NCP"), 40 C.F.R. § 300.65. Notice of the issuance of this Order has been given to the Commonwealth of Pennsylvania, The Respondents agree to undertake all terms and conditions of this Consent Agreement and Order and not to contest this Consent Agreement and Order. FINDINGS 1. Westinghouse Electric Corporation ("Westinghouse"), is a Pennsyl- vania corporation doing business in Pennsylvania. 2. Since 1968, Westinghouse has owned and operated an elevator manu- • facturing plant ("the Plant") located on Route 34 in Gettysburg, Penn- sylvania, 17325. 3. Frederick M. Shealer ("Shealer") of 530 Huntersfcwn R<-^d.- Otty*- burg, Pennsylvania, is involved in septic tank servicing anH waste removal. 4. Daring the period from 1969 to 1980, Shealer transported and dis- posed of wastes -from the Plant. 5. Spectra-Kote Corporation ("Spectra-Kote"), a subsidiary of Tim-Bar Paper Company, is a Pennsylvania corporation doing business in Pennsyl- vania. 6. Since 1957 Spectra-Kote has been engaged in the business of color coating cardboard containers. 7. Approximately from 1977 to 1983 Shealer transported and disposed / of wastes from Spectra-Rote. / 8. Shealer owns the real property situated east of Hunterstown Road near the intersection of Shealer Road. The property is describe! in the deed which is attached hereto as Attachment "A", and is recorded in the Recorder of Deeds Office, Adams County Courthouse, Adams County, RRIOIOI9 Pennsylvania. A portion of this property is the facility ("the Facil- ity") which is the subject matter of this Consent Agreement and Order and which comprises a portion of the Hunterstown Road Site (See a map of the Facility attached hereto as Attachment "B".; The Hunterstown Road Site has been listed on the Superfund National Priorities List in accordance with Section 105(8) of CERCLA, 42 U.S.C. § 9605(8). 9. A part of the Facility is currently being used for agricultural purposes. The agricultural activities involve human entrance onto the Facility and are a source of soil and vegetation disturbance and a po- tential contributory cause of erosion at the Facility. 10. Westinghouse supplied documents to EPA in response to a request made in accordance with Section 104(e) of CERCLA, 42 U.S.C. § 9604(e), indicating that, during the period from 1969 to 1980, Westinghouse arranged with, Shealer for the transportation and disposal of wastes generated by the Plant during that period. The documents indicated that the materials used by Wastinghouse at the Plant included, but were not limited to, paints containing lead. 11. Spectra-Kote supplied documents to EPA in response to requests made in accordance with Section 104(e) of CERCLA, 42 U.S.C. § 9604(e), indicating that some wastes generated by Spectra-Kote contained lead, copper and chromium. 12. Shealer has stated to the Pennsylvania Department of Environmental Resources (PADER) and EPA that materials that he hauled nrom the Plant and Spectra-Kote for disposal were disposed of at the Facility. t «a10i020 •N 13. On March 22, 1984 the EPA issued an Order to Wastinghouse pursuant to Section 106 of CERCLA, 42 U.S.C. § 9606, requiring Westinghouse to remove drums, soils, and sludges containing hazardous substances at the Facility and other sites in the Gettysburg area, and to provide emergency alternate water supplies to a number of residents affected by the contam- ination at those sites- Tte» daf*3, W^pt-jnghouse ha? cmpHed wit-h ^h<? Order. 14. EPA representatives took samples at the Facility on May 14, 1986. The results showed significant levels of lead, copper and chromium in soils, strean.sediments and waste materials. Significant levels of lead were found in water. The following table was extracted from the sample analyses: Sample Analyses in ppm (mgAg) Sample »_______OLA_____02A_____03______04______05A_____06 Lead 8580.0 74.8 8900.0 6640.0 1000.0 5000.0 Copper '2799.0 17.0 1233.0 3158.0 425.0 958.0 Chromium 1774.0 15.8 1625.0 22.0 1849.0 1213.0 Sample!_______07_____010_____01B_____02B_____05B Lead 48,500.0 <.005 1.14 <.005 0.17 Copper 11,163.0 .577 .895 .031 .037 Chromium 8,355.0 <.01 .065 <.oi <.01 (Samples 01B, 02B and 05B are liquid samples? Sample 010 is a blank sarple and the rest of the samples are soil, sediment or solid samples) 15. Lead and chromium are metals which are toxic to humans. Lead has been shown to adversely affect the nervous systen, kidneys and hematopoi- etic (blood) system. Lead poisoning is most often seen and most pronounced in children, and can cause learning disabilities. Poisoning from lead RRIOI02I t can. be fatal. Copper has been ahown to adversely effect aquatic environ- ments and is toxic to some aquatic species. 16. The Agency for Toxic Substances and Disease Registry (ATSDR) studied the sample analyses and found that a public health threat existed due to the potential for direct contact.with, and/or.ingestion of, and/or inhala- tion of, contaminants. 17. The Facility is an open field with wooded areas, access to the Facil- ity is uncontrolled. Several residences are situated directly adjacent tov the Facility. One of these residences is located downstream from the Fa- cility along a small stream which mans through the Facility. There is a threat of direct contact with, ingestion of, and inhalation of contam- inants, due to the proximity of these residences'to the Facility, the X potential for recreational use of the Facility and the use of the Facil- ity for agricultural activities. 18. The foregoing Findings have been made by EPA. By consenting to this Order, Respondents do not concede the correctness of any fact alleged in the foregoing Findings or elsewhere in this Order. Nothing in this Order, including attachments hereto, nor any action taken by Respondents pursuant to this Order, is intended by Respondents to be and does not constitute any evidence against, admission of fact or law by, a waiver by, or an estoppel against Respondents other than in an action by EPA to enforce the terms of this Order. Participation in the actions called for by this Consent Agree- ment and Order by Respondents is not inte nded to be, and does not consti- tute, an admission of fact or law or a waiver or estoppel of Respondents' AEJOI022 right to challenge any action not contemplated by this Consent Agreement and Order and any subsequent action EPA may determine is necessary at the Facility. CONCLUSIONS OF LAW 19. a) The Respondents are persons as defined by Section 101(21) of CERCLA, 42 U.S.C. $ 9601(21). b) The Facility is a facility as defined by Section 101(9) of CERCLA, 42 U.S.C. § 9601(9). 307(a) of the Clean Water Act, 33 U.S.C. § 1317 (a); these substances are thus "hazardous substances" as defined by. Section 101(14) of CERCLA, 42 U.S.C. § 9601(14). d) The past, present, and/or potential migration of hazardous sub- stances into the environment at or from the Facility, constitute an ac- tual and/or threatened release as defined in Section 101(22) of CERCLA, 42 U.S.C. § 9601(22). e) The Respondents are responsible parties pursuant to Section 107(a) of CERCLA, 42 U.S.C. § 9607(a). * DETERMINATION 20. Based on the above Findings, the Regional Administrator has deter- mined that there may be an imminent and substantial endangerment to the public health or welfare or the environment due to the release and/or threatened release of hazardous substances from the Facility. \ \ \ 21. The Regional Administrator has determined that the actions described below must be taken to protect the public health and welfare and the en- virottnent. 22'. This Consent Order shall apply t-o and be binding upon the Respon- dents as specified and EPA, and upon all agents, persons, contractors, and consultants acting under or for either the Respondents or EPA or both. V ORDER 23. Intending to be legally bound, Respondents and the EPA hereby agree that, pursuant to Section 106(a) and 104(a), (b), and (e) of CERCLA, 42 U.S.C. §§ 9606(a), and 9604(a), (b), and (e), Respondents as indicated below, shall commence or continue performance of the below-listed mea- sures within the time periods specified. 24. Seven (7) days prior to the commencement of work as described in paragraph 25, Respondents shall submit to the EPA a site safety plan to be followed during abatement procedures and any additional actions or corrective work determined to be necessary under the terms of this Con- sent Agreement and Order.