UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 6 INTHE MATTER OF ) 2 ) ASARCO INC. )} ADMINISTRATIVE ORDER 2301 W, PAISANO DR. ) EL PASO, TX. 79999 )_US.EPADOcKETNO 3 wi3013-01-07 EPA ID NO, TXD990757668 5 ADMINISTRATIVE ORDER 3} ONCONSENT RESPONDENT 5 ) Proceeding under Section } 3013 ofthe Resource } Conservation and Recovery Act, as amended, 3-42 U.S.C. Section 6984‘TABLE OF CONTENTS |. JURISDICTION 1 PARTIES BOUND. IIL, SATEMENT OF PURPOSE. 1V. FINDINGS OF FACT V, CONC TIONS ‘VL. WORK TO BE PERFORMED. 1. PROJECT MANAGER, ‘VIIL. SAMPLING AND DATA/DOCUMENT AVAILABILITY. TX. REPORTING AND PUBLIC ACCESS TO DOCUMENTS AND SAMPLING. X FACILITY ACCESS AND RECORD RETENTION XI. DISPUTE RESOLUTION, 1. RESERVATION OF. F XIII, SUBSEQUENT MODIFICATION OF THE FINAL ORDER XIV. STIPULATED PENALTIES. XV. EPA APPROVALSIDISAPPROVALS. XVL PARTICIPATION IN COMMUNITY RELATIONS ACTIVITIES. . XVII. TERMINATION AND SATISFACTION. XVIIL INDEMNIFICATION OF THE UNITED STATES GOVERNMENT XX QUALITY ASSURANCE XX. STATEMENT OF SEVERABILITY XXL, SURVIVABILITY/PERMIT INTEGRATION XXIM, EFFECTIVE DATE Page 1 Page 1 Page? Page? Pages Pages Page Page 9 Page 10 Page 10 Page 11 Page 12 Page i3 Page 13 Page 15 Page 15 Page 15 Page 15 Page 16 Pape 16 Page 12° Page w Page 17L JURISDICTION ‘This Draft Administrative Order on Consent (Order) is issued pursuant to the authority vested in the Administrator of| the United States Environmental Protection Agency (EPA) by Section 3013 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, (RCRA), and further amended by the Hazardous and Solid Waste Amendments of 1984, 42 U.S.C. § 6934. The authority (0 issue this Administrative Order has been delegated to the Regional Administrator by EPA Delegation No, 8-20, dated May 11, 1994, and further delegated to the Director of the Assurance and Enforcement Division, Region 6 (Director) by EPA Delegation No, R6-8-20, dated July 27, 15. EPA jas notified the State gf Oklahoma that this Order is being issued and is providing a copy to the State of aE Paisano Dr, El Pas, Texas. The propety on which the Asaroo Corporation facility is located, and all contiguous property under the ovmership or control of Respondent is herinafer refered toes the "Fality" Respondent adits EPA's jurisdiction to issue this Onder and to enforce its terms. Further, Respondent will ot contest EPA's jurisdiction: to compel compliance with this Orr in any subsequent enforcement proceeding, elt administrative Gr judi; to require Respondent fuller nterim compliance withthe terms ofthis Order, oro impose sanction fr noncompliance with this Order. Finally, Respondent agrees nt to contest the validity of this Orde, and waives any defense conceming the vaidiy ofthis Order, or en pariular provision contained herein IL PARTIES BOUND. 1 ‘This Orders issued to Asarco Inc. herein known as Respondent, owner/operator at the Asarvo Copper Smelter facility located at 2301 W. Paisano Dr, El Paso, Texas. 2 This Order shall epply to and bind Respondent, its officers, directors, employees, agents, tnstees, receivers, ‘successors, assigns, and all other persons, including, but not limited to, firms, corporations, subsidiaries, ‘contractors, consultants acting under or on behalf of Respondent in connection with the implementation of this Order. 3, No change in ownership, comporate, or partnership status relating to the facility will in any way alter the status ‘or responsibility of the Respondent under this Order. Respondent will be responsible for and liable for any failure to carry out all activities required of the Respondent by the express terms and conditions of this Order, imespective of its use of employees, agents or consultants to perform any such tasks. 4. Bach undersigned representative of the parties to this Order certifies that he or she is fully authorized to enter {nto the tems and conditions of this Order. 5. Respondent shall provide a copy of this Order to all supervisory personnel, contractors, subeontractors, laboratories, and consultants retained to conduet or monitor any portion of the work performed pursuant to this ‘Order within seven (7) calendar days ofthe effective date of this Order or date of such retention of services and shall condition all such contracts on compliance with the erms of this Onder. 6 Any documents transferring ownership and/or operations of the Facility from Respondent to a successor-in- interest shall include written notice of this Order, however, Respondent shall, no less then thirty (30) days priot to transfer of ownership or operation of the Facility, provide written notice of this Order to its successor interest, and written notice of said transfer of ownership and/or operation to EPA, 7. Respondent agrees to undertake all actions required by the terms and conditions of this Order, including any portions ofthis Order incorporated by reference.