EPA v. DEPARTMENT OF ENERGY/ROCKY FLATS PLANT

Case summary

THIS AGREEMENT SUPERCEDES THE AGREEMENT PREVIOUSLY REACHED BY EPA, DOE, AND THE STATE OF COLORADO DEPARTMENT OF HEALTH ( CDH ) ON SEPTEMBER 19, 1989 ( FFCA I ). IT IS ENTERED IN- TO BY THE PARTIES IN ORDER FOR DOE TO ACHIEVE COMPLIANCE WITH THE LAND DISPOSAL RESTRICTIONS ( LDR ) OF THE HARZARDOUS AND SOLID WASTE AMENDMENTS OF 19874 ( HSWA ) TO THE SOLID WASTE DISPOSAL ACT, AS AMENDED BY THE RESOURCE CONSERVATION AND RECOVERY ACT 42 USC SEC. 6901 ET SEQ., AND THE IMPLEMENTING REGULATIONS FOUND AT 40 CFR 268, AND APPLICABLE STATE LAW AT THE ROCKY FLATS PLANT ( RFP ) LOCATED IN JEFFERSON COUNTY, COLORADO. AS OF THE EFFECTIVE DATE OF THIS AGREEMENT, CDH HAS NOT BEEN AUTHORIZED TO AD- MINISTER THE LDR PORTIONS OF HSWA AND IS NOT A PARTY TO THIS AGREEMENT. THIS AGREEMENT AND ITS REQUIREMENTS CONSTITUTE A PLAN , AS DESCRIBED IN SECTION 1-601 OF EXECUTIVE ORDER 12088, TO ADDRESS ALLEGED VIOLATIONS AT RFP OF THE LDR AND ITS IMPLEMENTING REGULATIONS AT 40 CFR 268. EXCEPT AS SPECIFICALLY SET FORTH ELSEWHERE IN THIS AGREEMENT THEIS AGREEMENT SHALL ONLY APPLY TO THE LDR REQUIREMENTS PERTAINING TO PAST AND ON-GOING GENERATION, ACCUMULATION, STORAGE, AND TREATMENT OF: (1) THE HAZARDOUS WASTE PORTION OF RADIOACTIVE MIXED WASTE; (2) THE HAZARDOUS WASTE PORTION OF MIXED RESIDUES; AND (3) CERTAIN NONRADIOACTIVE HAZARDOUS WASTES AS DESCRIBED IN PARAGRAPH 18 (NON-RADIOACTIVE HAZARDOUS WASTE SHIPPING SCHEDULE); AT THE RFP WHICH ARE SUBJECT TO THE LDR PROHIBITIONS AND WHICH DO NOT MEET THE LDR TREATMENT STANDARDS. THESE WASTES, INCLUDING MIXED RESIDUES, ARE REFERRED TO HEREIN AS COVERED WASTES. THE PARTIES ACKNOWLEDGE THAT THIS AGREEMENT DOES NOT ADDRESS CORRECTIVE OR REMEDIAL ACTION PURSUANT TO RCRA, HSWA, OR CERCLA, NOR DOES THIS AGREEMENT ADDRESS RCRA COMPLIANCE ISSUES OTHER THAN THOSE COMPLIANCE ISSUES SPECIFICALLY ADDRESSED HEREIN. THE PARTIES ACKNOWLEDGE THAT THIS AGREEMENT DOES NOT AFFECT THE JURISDICTION AND RIGHTS OF EPA TO ADDRESS RCRA COMPLIANCE ISSUES NOT SPECIFICALLY COVERED BY THIS AGREEMENT PURSUANT TO FEDERAL AUTHORITIES.

Defendants (1)

• ROCKY FLATS PLANT

Facilities (1)

• US DEPARTMENT OF ENERGY, ROCKY FLATS

  10808 HIGHWAY 93, GOLDEN, CO, 80403

  Registry ID: 110000868348

Statutes cited

• RCRA 3008 — Res Conserv & Rec Act

Timeline (2 milestones)

• 1991-05-10Complaint Filed/Proposed Order
• 1991-07-23Enforcement Action Data Entered